Neg Reg Expands Professional Licensure Disclosure Rules In Consensus On State Authorization

In another important development, the Neg Reg negotiators reached consensus on revisions to the department's long-delayed state authorization rules. While the distance learning community has been keenly aware of these discussions, the consensus rule, which draws heavily on provisions in the department's 2016 state authorization rule, proposes a significant change in disclosure obligations applicable to all programs offered by Title IV-participating institutions, whether online or classroom-based.

The Neg Reg Committee retained a version of the student and prospective student professional licensure disclosures similar to those under the 2016 rules, but extended the professional licensure disclosure requirements to all programs, regardless of the method of delivery. This means the disclosure requirements apply to all an institution's on-ground programs, in addition to those offered online. This is a significant change from the 2016 rule, which only required professional licensure disclosures for an institution's distance education programs.

Under the consensus rule, institutions offering programs, regardless of mode of delivery, that are either (1) designed to meet educational requirements for a specific licensure or certification that is required for employment in an occupation or (2) advertised as meeting such requirements must inform both prospective and currently enrolled students of the specific states in which:

The institution determined its curriculum meets the state educational requirements for licensure or certification The institution determined its curriculum does not meet the state educational requirements for licensure or certification The institution has not made a determination that its curriculum meets the state educational requirements for licensure or certification The consensus rule requires institutions to make their professional licensure disclosures through their catalogs or website and, in certain cases described below, in writing directly to prospective and enrolled students via email or other electronic communication:

Direct disclosures to prospective students: if the institution has determined that its program's curriculum does not meet the state educational requirements for licensure or certification in a state in which a prospective student is located, or if the institution has not made such a determination, the institution must provide notice to that effect to the prospective student prior to enrollment. Direct...