Potomac Law Group has completed its 50 State Survey of Distance Education Regulations for Private Institutions and its 50 State Survey of Distance Education Regulations for Public Institutions (click here to view a sample page).  The surveys were most recently updated by PLG attorneys in July 2014 and address the following topics based on legal research for each state:

  1. Whether authorization is required to offer online-only instruction to state residents;
  2. Whether authorization is required to employ resident faculty;
  3. Pertinent law and agency guidance;
  4. Authorities and citations;
  5. Other triggers for state authorization;
  6. Consequences of failure to obtain authorization, and restrictions on advertising.

The 50-state survey is used as a part of compliance programs for institutions that offer courses or programs online, and it is updated twice annually.   Although the Department of Education has suspended its rulemaking related to state authorization of distance education programs, institutions are still obligated to comply with existing state laws, which are rapidly changing.

For further information about the 50-state survey, contact Potomac Law Partner Catherine Guttman-McCabe.

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