Revisions Approved to Out-of-State Educational Activities Policy

Revisions to the university's Out-of-State Educational Activities Policy took effect May 3, 2022. The state authorization team revised the policy to align with U.S. Department of Education regulations that went into effect on July 1, 2020 and to add clarity to the language used throughout the policy.

The policy, first issued in 2016 and revised in 2018, provides guidance to faculty and staff on how to comply with state authorization regulations. Compliance with these regulations allows Ohio State to offer educational activities outside Ohio – including online courses and programs, internships, and clinical experiences. It also minimizes risk for the university and ensures students are eligible to sit for licensure in the state where they are located.

The policy outlines the processes that units, faculty, and staff must follow to achieve compliance — such as posting required student disclosures for licensure programs and tracking student locations for NC-SARA annual reporting.

The new policy:

• Incorporates federal regulatory language that went into effect July 1, 2020, adding required disclosures for programs leading to licensure or certification
• Defines written communication, general disclosure, written disclosure, and licensing program
• Provides guidance as to when, how, and by whom disclosures need to be made
• Clarifies the responsibilities of Ohio State’s state authorization team and the responsibilities of units to align with the current federal regulations
• Cleans up the language throughout the policy and replaces the term “trigger activities” with “physical presence activities” to align with industry standards

These policy changes are considered minor revisions and ultimately expand educational opportunities for Ohio State students while maintaining Ohio State’s reputation and integrity. Read the updated policy on the State Authorization web page.

Regulations surrounding professional licensure are likely to change again soon. A negotiated rulemaking committee met from January through March 2022 to discuss two proposals: One, proposed in January 2022, would require institutions to either “ensure that all programs that require programmatic accreditation and/or licensure/certification meet those requirements” and eliminate public disclosures that were previously required in 34 CFR 668.43 (a)(5)(v). The other, drafted in February 2022, would keep the disclosures required in 34 CFR 668.43 (a)(5)(v) but eliminate the option for a “no determination made” disclosure.

The negotiated rulemaking did not reach consensus on either proposal during the last round of negotiated rulemaking. However, the U.S. Department of Education has the option of rewriting the proposed language and releasing it as proposed regulations subject to public comment. The Department of Education would then review public comments. If the department releases the final regulations by November 1, 2022, the regulations will become effective July 1, 2023. If the regulations are released after November 1, 2022, the regulations will become effective July 1, 2024.

Please contact the state authorization team if you have questions about how this policy or the proposed regulations will affect your job or your unit.