There are several different regulatory considerations for institutions about satisfying requirements and providing notifications regarding licensure and certification requirements:  Federal Regulations regarding Title IV eligibility effective July 1, 2020 and new regulations effective July 1, 2024, Pell for Incarcerated Individuals effective July 1, 2023, Federal Regulations regarding VA Benefits eligibility effective February 17, 2023, Federal Misrepresentation Regulations, and State regulations.

Federal Regulations Addressing Certification in the Program Participation Agreement (PPA) - Effective July 1, 2024 (for participation in Title IV Federal Financial Aid programs)

34 CFR 668.14(b)(32)(ii) - For ALL programs leading to professional licensure in a state, regardless of modality (face to face and distance ed.)

• The institution must determine that each program eligible for title IV, HEA program funds 
• Satisfies the applicable educational requirements for professional licensure or certification requirements in the State so that a student who enrolls in the program, and seeks employment in that State after completing the program, qualifies to take any licensure or certification exam that is needed for the student to practice or find employment in an occupation that the program prepares students to enter; 
• In each state in which:
  • the institution is located; 
  • students enrolled by the institution in distance education or correspondence courses are located, as determined at the time of initial enrollment in accordance with 34 CFR 600.9(c)(2); or 
  • attests that they intend to seek employment,  
  • for each student who enrolls in a program on or after July 1, 2024.

Federal Regulations for Professional Licensure Notifications - Effective July 1, 2020 (for participation in Title IV Federal Financial Aid programs)

668.43(a)(5)(v) and 668.43(c) – For ALL programs leading to professional licensure in a state, regardless of modality (face to face and distance ed.)

Public Notification - 34 CFR 668.43(a)(5)(v)

Disclosures for educational programs that are

• “designed” to meet educational requirements for a specific license or certification that is required for employment in an occupation, or
• “advertised” as meeting professional licensure educational requirements
• How to disclose 
  • A list of states where the institution has determined (as referring back to the PPA regulation 34 CFR 668.14(b)(32)(ii))
    • The program does
    • And does not
    • Meet such requirements....

Individualized notifications - 34 CFR 668.43(c) directly to the student regarding the student's location

• Prospective Students – if curriculum does not meet state requirements or no determination made where student is located prior to enrollment in the program (prior to a financial commitment is official guidance from the Department of Education) provide a disclosure to that effect.
• Enrolled students - if the institution makes a determination that the curriculum does not meet state educational requirements where the student is located - 14 calendar days of that determination to notify the students where they are located provide the disclosure to that effect.
• Disclosures of this section must be made directly to the student in writing, which may include through email or other electronic communication.

Federal Regulations for Professional Licensure Programs - Effective February 17, 2023 (for participation in Veterans Benefits)

• Meeting instructional curriculum licensure requirements of such State:  38 CFR 21.4253(d)(9).For the State Approving Agency (SAA) to approve a course to receive Veterans Benefits it must meet certain criteria. For licensure programs, the course must meet all instructional curriculum licensure or certification requirements of such State.
• Required Notifications: 34 CFR 21.4259(e) The SAA may disapprove a licensing and certification program if the institution fails to publicly disclose in a prominent manner any conditions or additional requirements, including training, experience, or examinations required to obtain the license, certification, or approval for which the program of education is designed to provide preparation.

Federal Regulations for Professional Licensure Programs Offered to Currently Incarcerated Students - Effective July 1, 2023 (for Pell Program Eligibility) 

• 34 CFR 668.236(g) An eligible prison education program leading to a license must satisfy any applicable education requirements for professional licensure or certification….. in the State in which the correctional facility is located or, in the case of a Federal correctional facility, in the State in which most of the individuals confined or incarcerated in such facility will reside upon release as determined by the institution not less than annually based on information provided by the oversight entity.
• 34 CFR 668.43(a)(5)(vi) For a prison education program, as defined in 34 CFR 668.236, notifications about State or Federal prohibitions for licensure or employment of formerly incarcerated individuals in any other State for which the institution has made a determination about State prohibitions.

Federal Misrepresentation Regulations

An institution must be aware of their communications, or omissions, to students per misrepresentation regulations.

The Federal Misrepresentation regulations state that an institution participating in Title IV HEA programs, must not engage in substantial misrepresentation.

Misrepresentation as defined in 34 CFR 668.71  includes any false, erroneous, or misleading statement or omission to a prospective or enrolled student and “substantial misrepresentation” is any misrepresentation on which a person could reasonably be expected to rely, or has reasonably relied, to the person’s determent. The  definition includes passive omissions leading to misrepresentation in addition to active statements. 

The Federal regulations go on to state in 34 CFR 668.72 that there must be no misrepresentation as to the nature of the program.  This part of the regulation specifically states in 34 CFR 668.72(c)(2) that there is to be no misrepresentation as to whether the successful completion of a course of instruction qualifies a student -

"To receive, to apply to take or to take the examination required to receive, a local, State, or Federal license, or a nongovernmental certification required as a precondition for employment, or to perform certain functions in the States in which the educational program is offered, or to meet additional conditions that the institution knows or reasonably should know are generally needed to secure employment in a recognized occupation for which the program is represented to prepare students;"

State Regulations  

Institutions should determine if there are separate requirements by state laws and regulations to offer professional licensure programs in the state.  These could include state misrepresentation regulations and other consumer protection related regulations.

Institutions that participate in reciprocity through SARA must be aware and comply with disclosure requirements as directed by SARA Policy Section 5.2.  Effective July 1, 2025, institutions must comply with the section provided below regarding the programs leading to a license or certification. One should note that this is a policy revision that most notably adds the requirement that institutions, that are generally Title IV institutions, follow the federal requirements for disclosures for their programs that are not approved for Title IV aid, if those non-Title IV programs lead to a license or certification that is required for employment in the occupation.

SARA Policy Section 5.2 - Programs Leading to Professional Licensure

SARA has no effect on state professional licensing requirements. Any institution approved to participate in SARA that offers courses or programs designed to lead to professional licensure or certification or advertised as leading to licensure must satisfy all federal requirements for disclosures regarding such professional licensure programs. For SARA purposes, these requirements will also apply to non-Title IV institutions and programs.