Distance Education Compliance in California
In October 2010, the U.S. Department of Education (
USDOE) announced regulations that
require institutions receiving Title IV funding be able to document state authorization to
operate distance education programs in all states where programs are offered. The Commission
is not a regulatory or administrative agency that authorizes postsecondary operations.
Below, we provide guidance on when an institution may need to seek authorization from
California's regulatory authority, the Bureau for Private Postsecondary Education (
BPPE).
Pursuant to the
California Private Postsecondary Education Act of 2009, Article 3, 94858,
and
Article 6, 94886, which created and guides California's
Bureau for Private Postsecondary Education, only institutions with a "physical presence"
in California need seek approval to continue or to begin operation of postsecondary
education programs in California. If an institution has no faculty or staff, and
no physical offices located in California, as of the date of this writing, the
institution need not do anything to continue or begin operation of distance
learning or other programs with students located in California. If an institution
has offices/building(s) located in California, administrative or otherwise, it
may need to seek approval to operate from the
Bureau for Private Postsecondary Education.
If you are unsure of whether your operation amounts to a physical presence, we recommend
you contact the
Bureau for Private Postsecondary Education for assistance in making this determination.
As there are still some questions about the definition of the term "physical presence",
and there is some legislation currently under consideration which may affect the way
postsecondary education is regulated in California, this information is subject to change.
Additional Information
