Policies

Professional Licensure Student Location Policy

Policy Purpose

This policy helps to ensure Farmingdale State College’s compliance with federal regulations (34 CFR 668.43) and its obligations as a SARA-participating institution regarding public and direct disclosure requirements related to Professional Licensure Programs.

OVERVIEW:

Effective July 1, 2024, federal regulation (34 CFR 668.43) requires institutions of higher education to make a determination whether a Title IV eligible academic program that leads to professional licensure or certification meets the educational requirements for licensure/certification in the U.S. State where the institution is located and the U.S. States where “distance education” students are located at the time of initial enrollment in the program, as well as U.S. States where the program is advertised as meeting such requirements, and if applicable, the U.S. State where students attest they intend to be licensed/certified.

In accordance with U.S. Department of Education licensure disclosure requirements, Farmingdale State College records the location of prospective and current students. Farmingdale tracks this location to determine if licensure disclosure requirements are needed in the following instances:

• At the time a prospective student goes through the process of admission
• At the time of initial enrollment in an academic program designed or advertised as leading to licensure required for employment in an occupation:
  • When a student enrolls at the university for the first time
  • When a student changes their academic program
  • At the time a current student formally updates their local address information

SCOPE:

This policy applies to academic administration, recruitment, and admissions personnel that administer Professional Licensure Programs, regardless of modality or geographic location.

Policy Statement

The U.S. Code of Federal Regulations, specifically 34 CFR 668.43(a)(5)(v) and 34 CFR 668.43(c) requires Farmingdale State College to provide public and direct disclosures to prospective and enrolled students regarding its Professional Licensure Programs.

Public Disclosures

Farmingdale State College makes readily available to enrolled and prospective students’ information on its academic program. Farmingdale State College provides public disclosure of information regarding the Professional Licensure Program on its Accreditation and Professional Licensure website in the Professional Licensure Table, which indicates whether completion of the Professional Licensure Program would be sufficient to meet educational requirements for licensure in a State for that occupation and includes:

• A list of all States for which the institution has determined that its curriculum meets the State educational requirements for licensure or certification.
• A list of all States for which the institution has determined that its curriculum does not meet the State educational requirements for licensure or certification.

Accordingly, academic department chairs administering such programs and who serve as content experts will annually investigate the rules of professional licensing boards to determine if their program meets or does not meet state requirements for licensure or certification. These public disclosures will indicate the States where the College has determined through reasonable, good faith effort, that the Professional Licensure Program does or does not meet the applicable professional licensure education requirement.

These public disclosures are in accordance with the federal regulatory requirements set forth in 34 CFR 668.43(a)(5)(v) and SARA Rules.

Direct Disclosures

Prospective Students: A direct disclosure is required by 34 CFR 668.43(c) by Farmingdale State College to the prospective undergraduate, in writing, if the curriculum of the intended Professional Licensure Program does not meet State educational requirements for licensure or certification in the State in which the prospective student is located. The notice must be provided, in writing (email or letter), prior to the student's enrollment in the program (e.g., tuition deposit or other financial commitment).

Enrolled Students: A direct disclosure is required under this regulation if Farmingdale State College makes a later determination that the curriculum of a Professional Licensure Program does not meet the State educational requirements for licensure or certification in a State in which a student who is currently enrolled in such program is located. The notice must be made to the student, in writing (email or letter), within 14 calendar days of making such determination.

This provision would likely happen most often when a program loses its approval in a State or the student relocates. Changes to student location will be upon formal receipt of information from the student that the student has changed to another State. (Refer to Student Location Policy.)

Required Actions: If Farmingdale State College determines its academic program does not meet the educational requirements for licensure for a particular U.S. State, it will not advertise that program nor enroll any new students physically located in that State (unless the exception explained below applies). If Farmingdale at any time determines that the program “does not meet” a state’s requirements, then it will provide written notice to the student within 14 calendar days of making that determination, and likewise may not allow that student to enroll if the student has not yet enrolled (unless the exception explained below applies).

Student Location

Farmingdale State College makes a determination regarding the State in which a student is located in accordance with its policies and procedures, which are applied consistently to all students. For purposes of this policy, student location is determined based on Farmingdale State College’s Student Location Policy.

Farmingdale State College asks prospective students to provide their current address information as part of their application for admission. This information is stored in the Farmingdale systems of record (Slate and Banner). The Admissions Office, the Registrar, and the Office of Academic Affairs track location information of students in programs designed or advertised to meet educational requirements for licensure once students are admitted to Farmingdale. This process ensures that appropriate professional licensure disclosures are sent to students prior to their enrollment or making a financial commitment to the university.

Farmingdale State College will determine a student's location (state):

1. At the time of the student's initial application to an educational program.
2. Upon receipt of information regarding a change in the student's location or address.
3. At the beginning of each semester, Farmingdale will solicit changes in student location and address information and maintain and publish processes for students to provide such information.
4. If the student does not provide a physical location and is enrolled in at least one on-campus course, the student's physical location is determined to be New York State.
5. If a student does not provide a physical location and is not enrolled in at least one on-campus course, the student's physical location is determined to be the state provided in the student's address.

Farmingdale State College will, upon request, provide the U.S. Secretary of Education with written documentation of its determination of a student's location, including the basis for such determination.

Exceptions and Student Attestation

Federal regulations provide an exception wherein a student may enroll in an academic program that leads to professional licensure or certification at Farmingdale State College even if the academic program does not meet the educational requirements of the State they physically reside in (or if Farmingdale has not determined whether it does). This exception is available only if such a student signs a written attestation that verifies that they intend to seek licensure/certification in a State in which Farmingdale has determined the academic program “does meet” educational requirements for licensure/certification.

For example, if a student lives in a state that Farmingdale determines that its program does not meet the requirements for licensure in that state, Farmingdale may only offer that program to the student if the student signs a written attestation that they intend to be licensed in New York or another state that the College determines it meets that state’s licensure requirements. Only then can this exception apply, and the student may enroll at Farmingdale.

Roles and Responsibilities

A. Office of Academic Affairs (Associate Provost):

1. Serves as the policy officer and is primarily responsible for ensuring the College's overall compliance with this policy.
2. Ensures that the required public Professional Licensure Disclosure Statements are published and made available via the Farmingdale State College’s Accreditation and Professional Licensure Information website;
3. Maintains the Farmingdale State College’s Professional Licensure Table in response to updates and ensures this Table is made available via Farmingdale State College’s Accreditation and Professional Licensure Information website.
4. Notifies the Office of the Registrar when changes are made to Farmingdale State College’s Professional Licensure Tables.

B. Office of Admissions:

1. Identifies Admitted students who may require direct disclosure notifications based on state of origin, including continuing Farmingdale students who may be newly enrolled in the Nursing Program due to a change of major.
2. Provides the required direct Professional Licensure Disclosure Statement to a prospective or newly enrolled undergraduate or graduate student when:
   • Farmingdale State College determines the Professional Licensure Program of interest does not meeteducational requirements for licensure or certification in the State where the prospective student is located.
   • Direct Professional Licensure Disclosure Statements must take place, in writing (email or letter), prior to the student's financial commitment (e.g., tuition deposit) to the College.

C. Office of the Registrar:

1. Maintains records of direct Professional Licensure Disclosure notifications.
2. Work with Admissions for developing and consistently applying internal administrative procedures to determine where students are located.
3. Determines and tracks student location each term or semester and reports, in a timely fashion, to academic department chairs and Vice President for Academic Affairs the necessary data to provide the Professional Licensure Disclosure Statements as set forth in this policy;
4. Provides the required direct Professional Licensure Disclosure Statements to enrolled students, in writing, if the institution later determines that their Professional Licensure Program's curriculum no longer meets the applicable educational requirements for licensure or certification in the State where the student is located. This provision would likely happen most often when a program loses its approval in a State or the student relocates. Changes to student location will be upon formal receipt of information from the student that the student has changed to another State. (Refer to Student Location Policy.) This disclosure must occur in writing (email or letter) within 14 days of the College making that determination in accordance with federal regulation 34 CFR 668.43.
5. Maintains records of direct Professional Licensure Disclosure notifications.
6. Update the curriculum change and the readmission form.
7. Identify students who need an additional HOLD placed before registration.

Definitions

Professional Licensure Program: A graduate degree program intended to (or advertised to) satisfy educational prerequisites for a State-issued professional license, certification, or other credential offered by a third party that is required for employment in an occupation.

Professional Licensure Disclosure Statements: Farmingdale State College provides information to the general public (e.g., public disclosures) or by directly notifying students (e.g., direct disclosures) about whether programs leading to professional licensure or certification meet educational requirements for licensure or certification in a particular State.

Distance Education: For the purposes of this regulation, the determination of “distance education” is from the student perspective. If a student takes at least one course (including a general education course) via distance education in their first term of enrollment in an academic program that leads to professional licensure or certification, that student is a student enrolled in distance education. The regulation applies to all programs no matter the modality.

SARA: The State Authorization Reciprocity Agreement, commonly known as SARA, is an agreement among member states that authorizes an institution located and legally authorized in a State covered by the agreement to provide out-of-state activities to students located in other States covered by the agreement. Institutions that participate in SARA agree to abide by a set of quality expectations, reporting requirements, and consumer protection practices that are promulgated by the National Council of State Authorization Agreements (NC-SARA) and upon which Member States have agreed. SARA does not affect the applicability of general-purpose State laws such as business registries, general-purpose consumer protection laws, worker's compensation laws, criminal statutes, and the like. SARA does not affect State professional licensing requirements. Additional authorization may be required in SARA-member States if the institution conducts certain activities not covered by SARA Rules.

SARA Rule: A written statement promulgated by NC-SARA that is of general applicability; implements, interprets, or prescribes a policy of SARA or provides an organizational, procedural, or other requirement of NC-SARA, including policies contained in the SARA Manual.

State: A State of the Union, American Samoa, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.

Student Location: For purposes of this policy, the student location is defined as the State in which a student is currently living (e.g., permanent/home address) at the time of initial enrollment and upon formal receipt of information from the student that their location has changed to another State while engaged in Farmingdale State College educational activities. For prospective students, student location is the State of the prospective student's location at the time the individual has applied for admission, intends to enroll, and is then entered into the College’s recruitment or student information system portal. (See above for the definition of a Distance Education Student)

Responsible Office

Office of the Associate Provost

Policy History

Approval Date: September 10, 2024