State Authorization and Professional Licensure Preparation Programs Policy

I. Scope

This policy applies to William & Mary as a whole university, including the Virginia Institute of Marine Science, herein referred to as W&M, the institution, or the university. In particular, all students, deans and their faculties/schools, admissions officials and staff, school-level admissions and registrar’s offices, the Office of the Provost, the Office of Institutional Accreditation & Effectiveness, the Office of Institutional Research, and the Office of the University Registrar have noted responsibilities within this policy.

II. Purpose and Policy Statement

The purposes of this policy are to ensure compliance with certain federal regulations (including 34 C.F.R. 600.9(c); 34 C.F.R. 668.14(b)(32); 34 C.F.R. 668.43(a)(5)(v); and 34 C.F.R. 668.43(c)) and with the requirements of the National Council for State Authorization Reciprocity Agreements (NC-SARA) and the SARA Policy Manual.

This policy:

• defines a student’s location for purposes specific to state authorization and professional licensure program disclosures;
• details requirements and responsibilities relating to a student’s ability to enroll in professional licensure preparation programs;
• details requirements and responsibilities relating to disclosures to prospective and current students; and
• describes requirements and responsibilities relating to state authorization.

Non-compliance with this policy and related procedures may result in loss of eligibility to participate in Federal financial aid programs, penalties levied by the U.S. Department of Education, or the revocation of the University’s membership in NC-SARA and an inability to offer distance education programming.

III. Definitions

Direct disclosures: Emails, notices provided in online applications or enrollment forms, and/or other forms of direct written communication to students constitute direct disclosures.

Distance education student: For purposes of this policy and consistent with the May 18, 2023, Dear Colleague letter, a distance education student is a student who enrolls in at least one course offered through distance education.

Enrollment: The time or point of enrollment is the first day of classes of a given semester/term.

General disclosures: A published list of all states in which the university’s professional licensure  preparation programs meet or do not meet the applicable educational requirements for licensure in the states.

Initial Enrollment: The time or point of initial enrollment is the first day of classes of the first semester in which a student enrolls in a degree or certificate program.

NC-SARA or the National Council for State Authorization Reciprocity Agreements: NC-SARA’s
website describes the organization as “a private nonprofit organization [501(c)(3)] that helps expand students’ access to educational opportunities and ensure more efficient, consistent, and effective regulation of distance education programs.” NC-SARA achieves this through an agreement among member states, districts, and territories on standards for interstate offering of postsecondary distance education. William & Mary is a member of NC-SARA.

Out-of-State Learning Placement (OOSLP): As defined by NC-SARA in the NC-SARA Data Reporting Handbook for Institutions (2023): “Out-of-state learning placements are simply learning placements that occur in a state other than the home state of the institution. OOSLP reporting includes learning placements related to on-ground and distance learning programs. Virtual learning placements are not included in data reporting.” Examples of out-of-state learning placements include, but are not limited to, internships, practica, and clinical experiences engaged in for academic credit.

Physical Presence: W&M adopts the definition of physical presence as defined by NC-SARA in Section 5.10(a) of the SARA Policy Manual.

Personal Information Questionnaire (PIQ): A form that each student must complete at the beginning of a term. The form allows students to update biographical information, address information, telephone information, emergency alert notification preferences, and emergency contacts.

Professional licensure preparation program: An educational program that is “designed to meet  educational requirements for a specific professional license or certification that is required for employment in an occupation, or is advertised as meeting such requirements,” as defined in 34 C.F.R. 668.43(a)(5)(v).

Prospective student: A person who has submitted an application for admission to a degree program at W&M.

School: A primary academic unit under the purview of a Dean.

State Authorization: Approval or authorization for an institution to offer certain distance education programs and activities in a given State or U.S. territory.

Student: Any person registered for at least one (1) credit at W&M.

Student Attestation: For purposes of this policy, a student attestation is a formal notification by the  student to W&M certifying that they intend to seek licensure and employment in a state other than their location at initial enrollment.

Student location at initial enrollment: For purposes of this policy, the location at initial enrollment for a distance education student is the state identified by the student during the application process as the U.S. state/territory or other international location in which they expect to be located on their first day of classes. The location at initial enrollment for any other student is the U.S. state/territory or other international location in which the student’s classes are physically offered on the first day of classes. Note that W&M offers on-campus courses in Virginia and in Washington D.C. only.

Student location prior to initial enrollment: For purposes of this policy, a student’s location prior to initial enrollment is the U.S. state/territory or other international location identified by the student as  their mailing address on their application to the program.

Student current location: For purposes of this policy, a student’s current location is the U.S. state/territory or other international location in which the student will receive instruction for a given semester, as reported by the student at the start of each semester/term on their Personal Information questionnaire (PIQ).

IV. Policy

A. Requirements Relating to a Student's Ability to Enroll

1. In order to enroll a distance education student in a professional licensure program at W&M, the program must be programmatically accredited if required by a federal agency or by a state from which one or more students is enrolled at the time of initial enrollment.
2. Each school in which one or more professional licensure preparation programs are located must consider a distance student’s location at the time of initial enrollment and must use that location information to determine the eligibility of the student to be enrolled in a professional licensure preparation program at W&M.
3. A distance education student wishing to enroll in a professional licensure preparation program at W&M but whose location at the time of initial enrollment is a state in which the program does not meet the educational requirements for licensure cannot be enrolled in that program.
4. A distance education student who, per Section IV.A.3 of this policy, cannot be enrolled in a professional licensure preparation program at W&M but who attests that they intend to seek employment and licensure in a state in which their chosen program meets the applicable educational requirements for licensure may be enrolled in that program.
5. Student attestations must be submitted as described in Section V.C of this policy.
6. Student attestations must be reviewed by the school offering the professional licensure preparation program and may also be reviewed by the Office of Institutional Accreditation & Effectiveness and/or University Counsel. Students who submit attestations that fail to meet the requirements of this policy and applicable federal regulations cannot be enrolled in the applicable professional licensure preparation program at W&M.

B. Requirements Relating to Student Disclosures

 

1. Direct Disclosures to Prospective Students

(a) Disclosures prior to financial commitment. For each professional licensure preparation program, the school must provide direct, written notice to a prospective student, prior to their financial commitment to enroll in a professional licensure preparation program, if the program in question does not meet the educational requirements for licensure in the state in which the prospective student is located prior to initial enrollment.

(b) Disclosures regarding ineligibility to enroll. The school must provide direct, written notice to any prospective distance education student who applies to a professional licensure preparation program and who is determined by W&M to be ineligible to enroll in that program as described in Section IV.A of this policy.

(c) Disclosures described in (a) and (b) may be combined into a single disclosure, though they must not necessarily be so combined.

(d) See Section V.B of this policy for procedures related to direct disclosures. 

2. Direct Disclosures to Current Students

(a) Direct disclosures to current students are based upon the student’s current location.

(b) Schools must provide direct, written notice to a student currently enrolled in a professional licensure preparation program whenever the school makes a determination that the student’s program no longer meets the educational requirements for licensure in the student’s state. Such disclosures must be made within 14 calendar days of the school making such a determination.

(c) Schools must provide direct, written notice to a student who is currently enrolled in a  professional licensure preparation program and who changes their current location (as described in Section V.A of this policy) to a state in which the student’s program does not meet the educational requirements for licensure. Such disclosures must be made within 14 calendar days of the school being notified of the change in student location.

(d) Direct disclosures must inform the student that their program does not meet the educational requirements for licensure in the state identified as their current location.

(e) See Section V.B of this policy for procedures related to direct disclosures.

3. General disclosures

For each professional licensure preparation program, W&M must publish information indicating whether the university’s program meets the state’s educational requirements for licensure.

(a) Visit the State Authorization and Professional Licensure Disclosures website (https://www.wm.edu/offices/iae/state-authorization/) for a list W&M’s general disclosures.

(b) Schools are responsible for conducting research as described in Section IV.C of this policy and for reporting the results of that research to the Office of Institutional Accreditation & Effectiveness (IAE) according to timelines established by IAE.

(c) IAE is responsible for maintaining the general disclosures webpages and for ensuring that updates provided by deans’ offices are included on those webpages in a timely manner.

C. Licensure Disclosure Research Requirements

1. For each professional licensure preparation program, schools must ensure that the program satisfies the applicable educational requirements for licensure in each state in which the university is located.

2. For each professional licensure preparation program, schools must research the educational requirements for licensure in each state and U.S. territory and provide to IAE lists of all states for which

(a) W&M’s licensure program meets that state’s educational requirements for licensure/certification; and for which

(b) W&M’s licensure program does not meet that state’s educational requirements for licensure/certification.

3.  When determinations cannot be made as to whether a professional licensure preparation program meets the applicable educational requirements for licensure for a given state, the program shall be identified as not meeting the educational requirements for licensure in that state.

4. Schools shall conduct research annually to identify updates/changes in educational requirements for licensure in fields relevant to all professional licensure preparation programs at W&M. All updates/changes identified shall be reported by the school to IAE by August 31 annually, except in cases where immediate notifications are required.

5. Immediate notifications are required whenever a school makes a determination that a professional licensure preparation program no longer meets the educational requirements for licensure in a state in which the program is currently identified as meeting those requirements.

(a) In such cases, schools must immediately notify IAE and must send direct disclosures as described in Section IV.B.2 of this policy.

(b) See Section V.B of this policy for procedures related to direct disclosures.

D. Requirements Related to Participation in NC-SARA

1. Physical presence

 

(a) In states where W&M has established a physical presence, W&M must abide by the state-specific operating and licensure requirements in order to enroll students with those states as their location at initial enrollment.

(b) Individuals in each school who work with distance education courses and distance education programs must get approval from W&M’s SARA Team for any and all changes that may impact W&M’s physical presence in a state.

• Changes include but are not limited to establishing or closing a location/office, offering courses requiring students to meet physically in a set location, establishing a program that will require or allow students to complete supervised field experiences in another state, and engaging in field studies/research across state lines.
• Discussions with the SARA Team must begin sufficiently far enough in advance to enable the Team to determine implications, address them appropriately, and provide approval prior to implementation.

(c) Contact the Assistant Provost for Institutional Accreditation & Effectiveness to discuss physical presence relating to activities that take place across state lines.

2. Data Reporting

(a) Exclusively Online Distance Education (EDEE): As a member of NC-SARA, W&M must report its EDEE data annually to NC-SARA and must use IPEDS EDEE data as the basis for that reporting.

(b) Out-of-State Learning Placements (OOSLP): As a member of NC-SARA, W&M must report its OOSLP data annually to NC-SARA.

(c) Procedures for maintaining and reporting these data are described in Section V.D of this policy.

V. Procedures

A. Personal Information Questionnaire. 

Students must update their Personal Information Questionnaire (PIQ) form at the beginning of each term to confirm or update the location where they will be receiving instruction for that term (current location).

1. Students are expected to update this information should their current location change.
2. Students also have ongoing self-service access to the student information system and can update their current location at any time.

B. Professional Licensure Disclosures

1. Direct disclosures to prospective students shall state:

“You are receiving this email because your provided student location is a state other than Virginia and you are seeking admission to a program that could potentially lead to licensure. Although individual state licensure agencies have sole authority in determining whether credits earned and field experiences are acceptable for licensure, William & Mary is required by federal regulations to determine whether our professional licensure preparation programs meet licensure requirements in states where prospective students are located. The specific program at William & Mary to which you are seeking admission has been identified as not meeting your state’s applicable educational requirements for licensure. Unfortunately, federal regulations prohibit William & Mary from enrolling you in this program. If you intend to seek licensure and employment in a different state, you may be able to pursue enrollment by filing a formal statement (or attestation) of your plans. For further information on student attestations and professional licensure preparation programs at William & Mary, please visit William & Mary’s State Authorization webpage at https://www.wm.edu/offices/iae/stateauthorization/."

2. Direct disclosures to currently enrolled students shall state:

“You are receiving this email because your provided student location is a state other than Virginia and you are enrolled in a program that could potentially lead to licensure. Although individual state licensure agencies have sole authority in determining whether credits earned and field experiences are acceptable for licensure, William & Mary is required by federal regulations to determine whether our professional licensure preparation programs meet licensure requirements in any states from where students may enroll. The specific program at William & Mary in which you are enrolled has been identified as not meeting the applicable educational requirements for licensure in the state of your current location. There is no action required on your part and this does not impact your enrollment status in your program. Please visit William & Mary’s State Authorization webpage at https://www.wm.edu/offices/iae/state-authorization/ for further information.”

3. Timelines for completing direct disclosures

(a) Direct disclosures required to be made to prospective students must be made prior to the student making a financial commitment to the university.

(b) Direct disclosures required to be made to current students must be made within 14 calendar days of the school making a determination that requires direct disclosure.

C. Student Attestations

1. As described in Section IV.A.4, a student wishing to enroll in a professional licensure preparation program who is ineligible to do so may submit an attestation if they intend to seek licensure and employment in a state in which their chosen program meets the applicable educational requirements for licensure.

2. Student attestations must be submitted as described on the State Authorization and Professional Licensure Disclosures webpage at https://www.wm.edu/offices/iae/state-authorization/.

D. NC-SARA Reporting

1. Participation in NC-SARA enables W&M to offer certain distance education activities across state lines in other participating states without needing to seek approval from those other states. For questions about covered and noncovered activities, contact the Assistant Provost for Institutional Accreditation & Effectiveness.

2. Out-of-State Learning Placements (OOSLP)

(a) Deans’ offices shall collect all data relevant to out-of-state learning placements (OOSLP), including the state of the placement and the student’s major.

(b) Deans’ offices shall report OOSLP data in a timely manner when requested by the Office of Institutional Research (IR), IAE, or the Office of the Provost.

(c) Questions regarding OOSLP data collection and reporting should be directed to IR.

3. IR is responsible for completing all data reporting to NC-SARA in a timely manner. IR shall coordinate with deans’ offices to obtain OOSLP data and shall provide copies of the completed reporting to the Assistant Provost for Institutional Accreditation & Effectiveness.

VI. Authority, Amendment, Implementation

 

This policy is approved by the Provost in accordance with Article X Section C of the Bylaws of the Board of Visitors and the Policy on Creating Whole University Policies & Procedures.

VII.  Related Documents

34 C.F.R. 600.9(c)
34 C.F.R. 668.14(b)(32)
34 C.F.R. 668.43(a)(5)(v)
34 C.F.R. 668.43(c)
88 FR 74696. “Financial Responsibility, Administrative Capability, Certification Procedures,
Ability To Benefit (ATB).” A Rule by the Education Department. Publication date: October 31,
2023. Effective date: July 1, 2024
Dear Colleague Letter, May 18, 2023. (GEN-23-09) Accreditation and Eligibility Requirements
for Distance Education.
SARA Policy Manual
NC-SARA Data Reporting Handbook for Institutions