Compliance Requirements (Non-SARA)
State Higher Education Agency Approvals
Some institutions may choose not to participate in SARA, are located in a state that does not participate in SARA, or offer an out of state activity that is not covered by SARA.
These institutions must comply with any applicable state approval requirements in each state as directed by the state's laws and regulations.
Suggested first steps for compliance:
- Determine what activities of the institution occur in a state other than the home state of the institution.
- Determine what states the institution wishes to participate in the activities.
- Determine whether the activity is regulated in the states in which the institutions wishes to participate in the activity.
- Seek appropriate compliance (authorization/registration/exemption/not regulated) from the state.
You may wish to review:
Other Required Approvals
Institutions that participate in activities outside of the United States should determine if the activity is regulated in the country where the activity occurs. Distance Education may be regulated in some countries. Institutions may wish to review the contact list of the SAN collated International Ministries of Education for countries worldwide. Please review the following education alert from our colleagues at Hogan Lovells US LLP: International online programs: Know the pitfalls (July 9, 2018).
Professional Licensure Board Approval
Institutions that provide programs leading to professional licensure must determine whether the programs meets prerequisites in the state where the program is offered. This approval is in addition to institutional approval by the higher education agency of the state (or though SARA). Please review the Professional Licensure Topic Area for more information.
Secretary of State Registration
Some states require institutions that offer education in their state to register with the Secretary of State's Office in that state. Should the institution be required to register, the institution may be asked to obtain an Agent for Service of Process. This registration process and the requirement of an agent for service is not covered by SARA. Institutions may wish to review the SAN collated state contact information for Secretary of State's offices nationwide and the corresponding narrative. Institutions should confer with their legal counsel.