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Out-of-State Institutions

Distance Education (without a physical presence) in New York State

On September 13, 2016, the New York State Board of Regents adopted new regulations requiring out-of-state institutions of higher education to seek and obtain, by March 28, 2017, New York State Education Department (NYSED) approval to offer distance education in New York State, and to permit NYSED to enter into the State Authorization Reciprocity Agreement (SARA). New York State joined SARA on December 9, 2016.

Any NYSED communication and/or determination regarding state authorization of distance education issued to an institution of higher education prior to March 28, 2017, is no longer applicable for the purpose of demonstrating approval or state authorization.

Out-of-state institutions participating in SARA are considered approved to offer distance education in New York State under the terms of SARA.

Non-SARA institutions seeking to offer distance education in New York State must submit an application for approval to NYSED prior to enrolling New York students.  The application, and information needed to request approval, are available on the Distance Education Application Instructions page.

Operating with a Physical Presence in New York State

Institutions seeking to offer credit bearing post-secondary instruction with a physical presence in New York State must obtain prior approval from NYSED and the Board of Regents. For more information contact

Please note: Clinical placements in New York State’s licensed professions trigger a physical presence in New York State and require prior approval or exemption from the New York State Office of Professions.  This includes out-of-state SARA institutions. For additional information contact the Office of Professions at or (518) 474‐3817, ext. 360.