Rules could prompt colleges to pull online programs from some states

[VickyRN]

Higher-education officials say their institutions don't have budgets for expensive adjustments to ED's 'state authorization' rule

Online college students in Massachusetts, Arkansas, and Minnesota soon could have more limited school options as colleges and universities plan to withdraw their online programs from those states in response to a much-debated set of regulations. Colleges with large online course selections that draw students from every state have railed against the U.S. Education Department's "state authorization" rules, which require schools to gain approval from every state in which they have even one online student.

And even after a federal judge voided part of the state authorization rule in July, online education experts say ED probably will reintroduce the regulations in 2012. College officials have made it clear that they won't serve students in states with the most onerous requirements to abide by...

http://www.eschoolnews.com/2011/11/23/rules-could-prompt-colleges-to-pull-online-programs-from-some-states/

[elkpark]

if the schools were not accredited then that would be a different story. For example the state of CA has no right to dictate how a school in Arkansas should model their nursing program. The state of CA only has the right to approve schools that operate in CA. If CA were to regulate schools in other states then they should be allowed to regulate schools outside the country. Which in both cases is rediculous

In the case of nursing, the situation is already clear and has been for a long time -- of course CA can't tell a school in AR how it should operate; but CA (or any other state) clearly does have the right to decide whether or not it considers the school to be meeting the standards set for schools within CA sufficiently for graduates of that school to be eligible for licensure in CA.

In the larger, general, sense, of course CA has no right to dictate how a school in another state should operate -- but we're talking about schools that are, in effect, operating within the state of (to use your example) CA, by coming into the state electronically and providing education services to residents of the state within the state.

Take the issue of sales tax for online purchases, which has been controversial for quite some time. States take the position that a resident of the state who buys something online from a business operating in another state is making the purchase in the purchaser's state, the same as if s/he buys something at the local mall, and should pay (home) state sales tax on that purchase. Or insurance -- insurance companies located in a particular state sell health, homeowner's, automobile insurance policies to people in states all over the US, but the policies offered by any of these companies in a particular state have to meet whatever specific minimum requirements and standards have been established by that state's legislature and insurance commissioner (or whatever the regulatory structure is in a particular state) -- because, even though the insurance company is located in one particular state, the business it conducts within other states is regulated by the other states.

This is basically the same idea -- regardless of where the "school" is actually located, the education provided is taking place within the student's state and the argument, therefore, is that the state has the right to require that the established state school standards be met. Obviously I'm an outlier on this issue on this forum, but it makes sense to me.

[NurseCubanitaRN2b, BSN, RN]

I understand what you're saying and I agree to an extent. I believe each state has the right to decide whether each students education meets their standards. That's in theirr best interest of the residents of that particular state. But I DON'T believe each state has the right to state approve an out of state program. Regarding the taxes issue I also think differently on because if you bought something from Texas then you should be paying their state taxes not the state that you live in. The item came from a store in Texas, not a store in Nevada. This makes no sense, it's like saying I'm visiting New Hampshire and I buy a dress there and the store wants to charge me CA taxes. It makes no sense. Again, with the case of online schools each state has a right to evaluate a graduates nursing education to make sure it meets their standards. But that state doesn't have a right to approve an out of state online school.

[elkpark]

I understand what you're saying and I agree to an extent. I believe each state has the right to decide whether each students education meets their standards. That's in theirr best interest of the residents of that particular state. But I DON'T believe each state has the right to state approve an out of state program. Regarding the taxes issue I also think differently on because if you bought something from Texas then you should be paying their state taxes not the state that you live in. The item came from a store in Texas, not a store in Nevada. This makes no sense, it's like saying I'm visiting New Hampshire and I buy a dress there and the store wants to charge me CA taxes. It makes no sense. Again, with the case of online schools each state has a right to evaluate a graduates nursing education to make sure it meets their standards. But that state doesn't have a right to approve an out of state online school.

But it's the nature of the internet that makes all of this so confusing and interesting. If you're in New Hampshire and buy a dress while you're there, obviously the store is in New Hampshire, you're in New Hampshire, you're making that purchase in New Hampshire and you pay New Hampshire sales tax on it. But, if you're at home in Oklahoma and you make an online purchase from a business that's based in New Hampshire, is that purchase taking place in New Hampshire or Oklahoma?? You're certainly not in New Hampshire, you're in Oklahoma ... If someone is taking online courses on their computer at home in Oklahoma from a business that is based in New Hampshire, the actual education is physically taking place in Oklahoma, where the student is physically located. The individual's computer in Oklahoma is, basically, essentially, a "branch office" of the school, and it is located in Oklahoma. To me, it seems reasonable that the state of Oklahoma, therefore, has a right to insist that the school meet the same standards it requires other schools operating within the state to meet.

This is why internet law is such an interesting legal specialty -- because all of this kind of stuff is still getting sorted out ... :)

[Lunah, MSN, RN]

New Hampshire has no sales tax. :D LOL! Sorry, couldn't resist...

[NurseCubanitaRN2b, BSN, RN]

Ahhhhh perfect example. Oh I took a guess as I didn't know. I heard something about people from neighboring states going into Vermont or NH Wal-mart so they didn't have to pay state taxes.