N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 49-2.2

Current through Register Vol. 46, No. 51, December 18, 2024

Section 49-2.2 - Definitions

For purposes of this Subpart only:

(a) Accredited shall mean holding institutional accreditation from an accreditor recognized by the U.S. Department of Education.

(b) Approved or Approval means approval of an institution to offer its distance education programs to individuals located in New York State.

(c) Complaint means a formal assertion in writing that the terms of approval are being violated by a person, institution, state, agency or other organization or entity operating under this Subpart.

(d) Distance education means credit-bearing post-secondary instruction offered by any means where the student and faculty member are in separate physical locations and the student is not required to report to a specific location for synchronous instruction. It includes, but is not limited to, online, interactive video or correspondence courses or programs. It does not include intrastate distance education activity.

(e) Institution means a degree-granting postsecondary entity legally domiciled in a state other than New York State or a United State Territory.

(f) Interregional Guidelines for the Evaluation of Distance Education means the guidelines developed by the Council of Regional Accrediting Commissions (C-RAC) in February 2011, and any amendments thereto, published by the Middle States Commission on Higher Education, 3624 Market Street, Philadelphia, PA 19104 -Available at the Office of Counsel, New York State Education Department, State Education Building, Room 148, 89 Washington Avenue, Albany, New York 12234.

(g) Legal domicile or legally domiciled means the state or United States territory in which the institution's principal campus holds its institutional accreditation and, if applicable, its primary federal Office of Postsecondary Education Identifier (OPEID) number.

(h) Financial responsibility index score means a numeric score calculated by the department for nonpublic institutions of higher education using United States Department of Education methodology as described in federal regulation 34 CFR § 668.172. The financial responsibility index score is calculated at the highest level of ownership.

N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 49-2.2

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