Policy 2:30 - Out-of-State Educational Activities

Policy Contact: Office of Academic Affairs

  1. Purpose

    This policy and its procedures set forth the standards applicable to conducting university activities outside the state of South Dakota, and to ensure compliance with state, federal, and international laws and regulations; as well as SARA, SDBOR and University policies.

  2. Definitions
    1. Out-of-State Educational Activities: offering course work to students physically located outside the state of South Dakota; to include distance education courses and internships and other experiential learning opportunities.
    2. Physical Presence Activities: a measure by which a state defines the status of an educational institution's presence within the state.
    3. State Authorization: term used to describe the requirement that institutions must comply with state, federal, and professional licensing board regulations that impact out-of-state educational and physical presence activities.
    4. State Authorization Address (Location): where a student will be physically located during any semester in which they are registered/enrolled.
    5. State Authorization Disclosure: a written communication on a document or a webpage that may be viewed by all prospective students, enrolled students, faculty, and staff that lists state authorization by state, district, territory, or country.
    6. State Authorization Reciprocity Agreement (SARA): a voluntary agreement designed to establish comparable standards for U.S. states, districts, and territories regulating postsecondary distance education. For purposes of SARA, 鈥渄istance education鈥 includes limited activities conducted for short periods on the ground.
    7. State Authorization Team: staff members within the Office of Continuing and Distance Education responsible for seeking, communicating, and maintaining institutional compliance with state, federal, and international laws and regulations related to the offering of educational and physical presence activities.
    8. Unit: a college, department, school, division, institute/center, or office.
  3. Policy
    1. Out-of-State Educational Activities
      1. Units are required to obtain authorization or exemption from each state prior to conducting of-of-state educational or physical presence activities, pursuant to state law or regulation.
        1. The University is a participant in SARA, allowing the University to conduct out-of-state educational activities in other SARA member states, districts, and territories in accordance with the SARA policy manual.
        2. Additional authorization may be required in SARA member states if the University conducts out-of-state educational or physical presence activities not covered by the University鈥檚 participation in SARA.
        3. Authorization or exemptions must be obtained from non-SARA member states, districts, and territories prior to conducting out-of-state educational or physical presence activities, pursuant to state law or regulation.
          1. The University may be required to submit periodic renewal applications, report data, and include language in the University catalog, etc. pursuant to state law or regulation to gain or maintain authorization or exemption.
      2. Authorization or exemption from each country must be obtained prior to conducting out-of-state educational or physical presence activities, pursuant to international law or regulation.
      3. In the event a unit, in cooperation with the State Authorization Team and unit leadership, is unable to secure authorization or exemption in a state, district, territory, or country they are required to discuss with their VP and, when appropriate, the Office of General Counsel, to assess the risks of participating in such out-of-state educational or physical presence activities.
    2. Student Authorization Address (Location)
      1. Every student, regardless of modality, is required to report where they will be physically located while enrolled in courses through the University each semester.
      2. Students will indicate through registration self-service at the time of enrollment where they will be physically located each semester while taking courses or participating in internships or other experiential learning opportunities. Students will have the opportunity to update their resources at any time and may also update them during the attendance confirmation.
      3. The student's physical location may impact the University's ability to offer distance education courses and internships or other experiential learning opportunities to that student.
    3. Reporting
      1. The University must annually report to NC-SARA the following data: location of exclusively distance education students based upon the annual Integrated Postsecondary Education Data System (IPEDS) report; and location of internship and other experiential learning opportunity placements by state, district, and territory, for all participating students.
      2. The University, upon request, must provide the U.S. Department of Education with written documentation of its determination of student鈥檚 location, including the basis for such determination.
  4. Procedures
    1. Units shall:
      1. Submit all anticipated or emerging out-of-state educational or physical presence activities for SARA states, districts, and territories if activities are not covered through the University's SARA participation and for non-SARA member states, districts, and territories or foreign countries to the State Authorization Team.
      2. Be familiar with out-of-state educational or physical presence activities that are not covered through the University's SARA participation.
      3. If the out-of-state educational or physical activity falls outside the scope of SARA or takes place in a non-SARA state, district, territory, or foreign country, the State Authorization Team and the unit will jointly determine a plan of action to move forward based on the gathered information. This may include but is not limited to research of applicable laws and regulations, outreach to state, district, territory, or foreign government bodies, and application for authorization as required.
      4. Submit all application information as requested by the State Authorization Team as required to obtain authorization or exemption in SARA states for activities not covered through the University's SARA participation, or in non-SARA member states, districts, and territories, or foreign countries.
      5. Provide the State Authorization Team data on location of internship and other experiential learning opportunity placements by state, district, and territory for all students participating in these course offerings.
    2. Students shall:
      1. Access the University's state authorization webpage prior to enrolling in a program or course to verify the University's authorization or exemption within the state or country they will be physically located while enrolled in courses through the University. If the student has any questions, they should contact their advisor or the Office of Continuing and Distance Education.
      2. Indicate where they will be physically located while enrolled in courses through the University upon registration for the upcoming semester(s) through the registration self-service platform.
      3. In the case that a student's physical location changes from time of registration, students shall update this information through the attendance confirmation process for each semester.
      4. Coordinate with their advisor, program, or internship coordinator when exploring and accepting internship or other experiential learning opportunities to ensure this experience falls within the scope of SARA, state, or country regulations.
    3. State Authorization Team shall:
      1. Provide guidance to units regarding state, federal, and international laws and regulations as it pertains to out-of-state educational or physical presence activities.
      2. Inform units of changes to state, federal, and international regulations.
      3. Oversee the University's participation in SARA, to include renewal and reporting requirements.
      4. Oversee the application process for obtaining authorization or exemption in SARA states for those that are not covered through the University's SARA participation, or in non-SARA member states, districts, territories, or foreign countries.
    4. Office of Institutional Research and Assessment and Office of Records and Registration shall collaborate with the State Authorization Team to fulfill annual reporting requirements for NC-SARA and, upon request, for the U.S. Department of Education.

  5. Responsible Administrator

    The Director of Continuing and Distance Education, successor, or designee is responsible for annual and ad hoc review of this policy and its procedures. The University President is responsible for approval of modifications to this policy.

Approved by President on 04/25/2021. Revised 01/26/2024 (clerical). Revised, Approved by President on 12/08/2025.

Sources: SDBOR Policies and ; SDBOR Guideline 2.3.8.A, University Policy 2:24; State Authorization Reciprocity Agreements (SARA) Manual;