Out-of-State Degree-Granting Institutions Seeking to Enroll New Yorkers in Online Programs

When Do You Need Board of Regents Authorization?

You DO NOT need to apply for approval from the New York State Board of Regents if your institution merely:

  • Communicates electronically with students in New York State (e.g., by computer or broadcast) in ways that do NOT involve an instructional site or an organized group activity;
  • Advertises in New York State media;
  • Recruits students, e.g., at college fairs, job fairs, or trade shows;
  • Conducts alumni activities in the State, such as alumni clubs.


You DO need to apply for approval if your institution:

  • Operates an instructional site (a physical location at which a group of students receives instruction from a faculty member, whether the faculty member is physically present or by telecommunication) in New York State.
  • Sponsors organized activities within New York State that are related to the academic program (e.g., advising, mentoring, study groups, examination administration for groups of students).
  • Has a representative, whether paid or not, acting on its behalf within New York State to arrange or conduct instructional or academic support activities.
  • Places students in clinical internships related to certain licensed professions (e.g., nursing, mental health counseling, respiratory therapy, etc.), the practices of which are typically restricted to licensed persons or students enrolled in educational programs approved or registered by the Department.


Our Physical Presence policy can be found at the following link: http://www.highered.nysed.gov/ocue/ded/policies.html.


In addition:

  • For information about clinical internships in areas that lead to professional licensure in New York State, contact the Department’s Office of Professional Education and Program Review at: OPPROGS@mail.nysed.gov .
  • For information about out-of-state college teacher preparation programs and student teaching placements in New York State, please see: http://www.highered.nysed.gov/tcert/certificate/distance.html .


Last Updated: December 10, 2012