2005 Postsecondary Education Physical Presence Survey

Initial Responses to the Dow Lohnes 2005 Physical Presence Survey Beginning more than twenty years ago with our work in cooperation with the State Higher Education Executive Officers Association (SHEEO) and the Council on Postsecondary Accreditation (predecessor to the present-day CHEA), we have periodically conducted a review of state regulation of distance learning. We are pleased to provide an overview of the first round of responses to the Dow Lohnes 2005 Physical Presence Survey. This overview is based on responses from 37 state agencies; a listing of the responding agencies will be found at the end of this report. The full Report will be based on complete state data, including an analysis of the data and a review of trends that have arisen since the first SHEEO-COPA survey nearly twenty years ago. Of considerable interest will be the comments we are receiving elaborating upon or qualifying specific responses. Please let us know if you are interested in receiving a copy of the Final Report. Michael B. Goldstein Practice Leader, Postsecondary Education mgoldstein@dowlohnes.com 202-776-2569 1200 NEW HAMPSHIRE AVENUE, N.W. 202-776-2000 WASHINGTON, DC 20036 www.dowlohnes.com COPYRIGHT 2005 DOW, LOHNES & ALBERTSON, PLLC

2005 Physical Presence Survey (Initial Overview) Chart Legend Does your agency use a "physical presence" standard to determine whether out-of-state postsecondary institutions fall under the regulatory jurisdiction of the state? 27% 73% Are there different types of licensure requirements for different types of institutional accreditation (i.e. regionally accredited, nationally accredited, not accredited)? 24% 76% Are there different types of licensure requirements for different academic levels (i.e. non-degree (certificate or diploma), academic degree (associate, bachelors, graduate)). 54% 46% Are there different types of licensure for different types of activities? For example, if an out-of-state institution is recruiting in your state, must the institution go through the standard licensure process, or is there a different set of approval requirements aimed specifically at recruiters? 24% 76% 2005 Dow Lohnes and Albertson, PLLC Page 1 of 8

Does any other agency exercise responsibility for the regulation of postsecondary education, and such regulation would extend to the delivery of such education via telecommunications technology. 58% 42% Respondents were asked whether the following activities would require licensure by their agency Enrolling state residents in a strictly online class 25% 75% Maintaining an in-state mailing address 25% 75% Maintaining an in-state telephone and/or fax number 23% 77% 2005 Dow Lohnes and Albertson, PLLC Page 2 of 8

Direct mail to residents of the state 35% 65% Television, radio or print advertising in national media 3% 97% Television, radio or print advertising in local media 53% 47% Internet advertising 11% 89% 2005 Dow Lohnes and Albertson, PLLC Page 3 of 8

Participating in college fairs 28% 72% Presence of recruiters/solicitors/agents 36% 64% Requiring students to take examinations at a location within the state 21% 79% Contracting with a local institution (library, community college) to provide access to information resources 56% 44% 2005 Dow Lohnes and Albertson, PLLC Page 4 of 8

Requiring students to gather together (e.g. study groups) without the presence of an instructor 49% 51% Providing students with in-person advising or tutor services within the state 12% 88% Presence of instructors or tutors in-state, teaching students outside of the state via online or remote interaction 50% 50% Presence of instructors in-state, teaching students within the state via online or remote interaction 29% 71% 2005 Dow Lohnes and Albertson, PLLC Page 5 of 8

Enrolling employees of a company in an online class that is limited to such employees 31% 69% Enrolling persons in an affinity group (club, association) in an online class, where enrollment is limited to such group 38% 62% Presence of an internet server or other institution-owned telecommunications equipment within the state 60% 40% Presence of an administrative office at which NO instructional activities occur (i.e. financial management, technical support). 18% 82% 2005 Dow Lohnes and Albertson, PLLC Page 6 of 8

Presence of an administrative office at which NO instruction occurs but where recruitment (telemarketing) and admissions activities occur. 9% 91% 2005 Dow Lohnes and Albertson, PLLC Page 7 of 8

Current List of Survey Respondents Alabama Commission on Higher Education Arizona State Board for Private Postsecondary Education Arkansas Department of Higher Education Delaware Department of Education Georgia npublic Postsecondary Education Commission Hawaii, University of Illinois Board of Higher Education Kansas Board of Regents Kentucky Council on Postsecondary Education Louisiana Board of Regents Massachusetts Board of Higher Education Minnesota Office of Higher Education Mississippi Commission on College Accreditation Missouri Department of Higher Education Nebraska Coordinating Commission for Postsecondary Education Nevada Commission on Postsecondary Education New Hampshire Postsecondary Education Commission New York State Education Department rth Carolina Community College System/Office of Proprietary School Services rth Carolina, The University of rth Dakota University System Ohio Board of Regents Oklahoma State Regents for Higher Education Oregon Office of Degree Authorization Pennsylvania Department of Education South Carolina Commission on Higher Education South Dakota Board of Regents Texas Higher Education Coordinating Board Texas Workforce Commission Utah Division of Consumer Protection Utah System of Higher Education Washington Higher Education Coordinating Board Washington State Workforce Training and Education West Virginia Higher Education Policy Commission Wisconsin Educational Approval Board Unknown Agency 1* Unknown Agency 2* *te that two additional agencies submitted responses without identifying information due to a technical glitch and we are in the process of verifying their identities. 2005 Dow Lohnes and Albertson, PLLC Page 8 of 8