State Authorization

Three key elements of state authorization in the context of distance education are:

1. Distance Education Program Delivery: While SARA covers the delivery of most distance education programs in member states, offerings in non-SARA territories and some offerings in regulated fields may be restricted. Please refer to the State Authorization Map to verify if your distance education program is authorized to be offered in each state/territory.
2. Out-of-State (OOS) Field Placement: This element refers to student learning activities outside of Kentucky that lead to credits for degree completion, such as practicums, internships, externships, clinicals, student teaching, etc. SARA covers most OOS field placements in member states, with the following exceptions that require individual state approval:
   1. When the host state licensure agency has regulatory restrictions on supervised field placements for out-of-state institutions.
   2. A placement of more than 10 students from an individual academic program placed simultaneously at one clinical or practicum site.
   3. When the host state objects to a supervised field experience or clinical placement due to one of the following reasons:
      • A demonstrable failure to achieve an acceptable professional licensing rate in the host state if the program customarily leads to licensure.
      • An unreasonable number of valid, documented complaints about program operation or quality which have not been adequately resolved by the institution.
   4. International field placements
3. For details about SARA’s OOS field placement coverage, please refer to SARA Manual 5.11 and State Authorization and Reciprocity Basics.
   If your program/course contains OOS field placements, please refer to the Internal OOS Field Placement Map to verify if the placement is permitted in each state/territory. If you do not have access to the internal map, submit the Tableau Access Request Form.
   When providing OOS field placements, colleges and programs must ensure compliance with SARA requirements and/or any individual state governing agencies if beyond SARA coverage. The DL Compliance Team is responsible for collecting OOS field placement data from each college and reporting to NC-SARA annually.
4. Other Educational Activities that Trigger Physical Presence: Out-of-state educational activities that extend beyond SARA coverage and trigger physical presence in a SARA member state will require individual state approval. An institution is considered to have physical presence in a state, and therefore require compliance with the state’s non-SARA requirements, if it engages in any of the following activities:
   1. Establishing a Physical Location for Instruction: Creating a semi-permanent fixed space (e.g., leased, rented, owned, or donated space) for students to receive synchronous or asynchronous instruction.
   2. Requiring In-Person Instruction: Requiring students to meet physically at a location for instructional purposes more than twice per semester for a total of more than six hours.
   3. Establishing an Administrative Office: Operating an administrative office in the state.
   4. Providing Enrollment or Student Support Services: Offering information to students for enrollment purposes or providing student support services from a physical site operated by or on behalf of the institution in the state.
   5. Offering Short Courses: Conducting a “short course” that requires more than 20 contact hours within a six-month period.
   6. Providing Office Space for Staff: Offering office space for instructional or non-instructional staff in the state.
   7. Maintaining a State-Based Mailing Address or Phone Exchange: Using a mailing address or phone exchange in the state.
      • Note: Casual use of a mobile phone by institutional representatives traveling through the state does not violate SARA policies.
   8. Supervising Field Study or Research: Conducting field study or research at a physical site where a faculty member, employee, or contractor supervises two or more students for an activity exceeding the short-course length outlined in Subsection 5.10(a)(5) and which either bear academic credit or is a requirement for a course or program.

Institutions engaging in activities that trigger physical presence must adhere to the state's specific regulations, as they are not covered under SARA's reciprocity framework. For detailed information on SARA coverage, please refer to SARA Manual 5.10. Programs may contact the Distance Learning Compliance Team with questions on seeking necessary approval(s), but it is the program’s responsibility to obtain the necessary state-specific authorization approval(s).