N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 49-1.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 49-1.2 - Institutional Eligibility Requirements

To be eligible for approval to operate under SARA an institution shall:

(a) be legally domiciled in New York State and be authorized by the Board of Regents to confer post-secondary degrees in New York State and offer registered degree programs in New York State;

(b) possess and maintain institutional accreditation, by an accrediting body recognized by the U.S. Secretary of Education, including distance education within the scope of its recognition;

(c) for non-public institutions only, possess a financial responsibility index score from the U.S. Department of Education that is 1.5 or above;

(d) agree to be bound by the SARA policies and standards and to be responsible for the actions of any third-party providers used by the institution to engage in operations under SARA;

(e) agree to remain responsible for compliance with the requirements of SARA and applicable laws and regulations, regardless of whether the institution engages in operations under the agreement itself, or through a third-party provider;

(f) agree to notify the department of any adverse actions by its accreditor or any negative changes to its accreditation status;

(g) agree to satisfy all federal requirements for disclosures regarding professional licensure programs under 34 CFR § 668.43, regardless of whether the institution participates in Title IV programs;

(h) agree, in cases where the institution is unable, after all reasonable efforts, to determine whether a program will meet state professional licensure requirements, to provide the student or applicant with current contact information for any applicable licensing boards, and advise the student or applicant to determine whether the program meets requirements for licensure in the state where the student is located;

(i) agree, in cases where the institution cannot fully deliver the instruction for which a student has contracted, to provide a reasonable alternative for delivering the instruction or reasonable financial compensation for the education they did not receive;

(j) agree to provide any data requested by the department, to the extent permitted by applicable law, to assist the department in resolving any complaints arising from its students and to abide by decisions of the department, in order for the department to effectively monitor any activities under the agreement;

(k) upon application submission, pay to the department any state fees for application review and SARA participation as prescribed in section 49-1.7 of this Subpart;

(l) pay an annual SARA participation fee to the National Council for SARA (NC-SARA), as required by the SARA policies and standards;

(m) report any other information required by SARA and/or this Subpart; and

(n) agree to provide the institution's and SARA's complaint resolution policies and procedures to all students taking courses under SARA policies.

N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 49-1.2

Adopted New York State Register September 28, 2016/Volume XXXVIII, Issue 39, eff. 9/28/2016

Amended New York State Register December 30, 2020/Volume XLII, Issue 52, eff. 12/30/2020