[State_authorization_update] State Authorization updates- June

[Stone, Kia]

Good afternoon everyone,

Here is the latest information concerning state authorization that has been circulating in the last month.

*Additional information about the Colorado regulation as it relates to Workers Comp. and Liability coverage. Here is the statutory citation and language for the workers' compensation statute pertaining to student internship:

Colorado Revised Statute 8-40-302(7):

(7) (a)  Any employer, as defined in section 8-40-203, who enters into a bona fide cooperative education or student internship program sponsored by an educational institution for the purpose of providing on-the-job training for students shall be deemed an employer of such students for the purposes of workers' compensation and liability insurance pursuant to articles 40 to 47 of this title.

(b)  If the student placed in an on-the-job training program does not receive any pay or remuneration from the employer, the educational institution sponsoring the student in the cooperative education or student internship program shall insure the student through the institution's workers' compensation and liability insurance or enter into negotiations with the employer for the purpose of arriving at a reasonable level of compensation to the employer for the employer's expense of providing workers' compensation and liability insurance while such student is participating in on-the-job training with said employer.  This paragraph (b) shall not apply to a student teacher participating in a program authorized pursuant to article 62 of title 22, C.R.S.

(c)  As used in this subsection (7), "cooperative education or student internship program" means a program sponsored by an educational institution in which a student is taught through a coordinated combination of specialized in-the-school instruction provided through an educational institution by qualified teachers and on-the-job training provided through a local business, agency, or organization or any governmental agency in cooperation with the educational institution.

Larry D. Wines, Esq., Ohio University Workers' Compensation Manager, Made this statement in regard to Workers compensation (wc) for Ohio University students:

For Paid internships, the company/organization offering this paid employment would be the employer and therefore the students would be covered under their WC policy.

In regard to unpaid internships in Colorado, the sponsoring department can purchase WC insurance coverage for their students as Colorado law does deem the sponsoring educational institution to be the employer and responsible for providing WC coverage in those cases.  I've worked with Dr. DiGiovanni over in the College of Health Sciences who got a quote for WC  insurance coverage recently and he indicated the quote was reasonable.  The sponsoring department is responsible for funding and managing coverage in these non-employee cases.

** The Department of Education has released a letter, new "Dear Colleague" letter<http://www.ifap.ed.gov/dpcletters/GEN1510.html>, about the pending July 1 deadline for the "on ground" state authorization rule (Chapter 34, 600.9 (a) and (b)) which outlines what a state must do to oversee institutions within its own state. This regulation has been around since 2011, but enforcement has been delayed each year.  Now they will begin enforcing on July 1. It might be good for you to review these two blog posts as this IS NOT about distance education.  But financial aid departments will be expected to know, a) which state agency oversees your institution (yes this is for ALL institutions regardless of type, and b) the contact information at that oversight agency to receive complaints about this institution.

Russ Poulin's blog on this from May  https://wcetblog.wordpress.com/2015/05/05/state-auth-on-ground-rule/

A post from Greg Ferenbach and Mark Johnson of Cooley about the difference between the "on ground" rule and the "distance education" rule:
https://wcetblog.wordpress.com/2014/02/14/untangling-two-state-authorization-rules/

*** If you were ever wondering if state authorization had any rules of engagement for providing online post-secondary education to students in foreign locations (outside of the US or US territories), here is your answer provided by Alan Contreras, State Authorization Reciprocity Agreement (SARA) Coordinator with NC-SARA and WICHE.

State authorization does not apply to foreign locations unless there are some state limitations on where its own institutions can operate.  The general rule is that any foreign operations have to follow the laws in those countries.  Some nations allow easy access for college programs, others do not. So you need to find out where the students are and what the laws are in their countries.  SARA does not cover any non-U.S. activity.


Please contact me with any questions. Thanks!

Kia

Kia D. Stone, M.S.
Coordinator of Compliance and Quality Assurance
[QM Implemenation Logo]  Quality Matters Coordinator
Ohio University
740.593.2558

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