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Please note that this guidance does not apply to students in programs related to professional licensure. Please reach out toÌýOPPROGS@nysed.govÌýwith questions about licensure programs. In particular, if there are any anticipated changes to the lab component/clinical experience of a licensure-qualifying program, the institution should reach out to Professional Education Program Review atÌýOPPROGS@nysed.gov.

¿ìè³É°æÊÓƵ appreciates the concern that NYS institutions of higher education have for their international students who may be instructed to return to their home countries prior to completion of their programs. Much like during the COVID-19 pandemic, there may be flexibility for these students to continue in their programs through distance education.

Location Barriers

Institutions should first explore whether there are any barriers for students to access distance education in the location from which they will be studying. For example, institutions should determine whether there are any legal or regulatory requirements for offering distance education in that location. The institution should also consider students’ ability to access the technology necessary to engage in distance education. Lastly, institutions may evaluate whether offering distance education to international students could affect their eligibility for a student visa.

Distance Education Policy

It is important to note a distinction in ¿ìè³É°æÊÓƵ’s policies regarding distance education courses and distance education programs. A distance education course is one that can be completed entirely through distance education with no requirement for in-person attendance, and the distance education status of the course does not need to be approved by ¿ìè³É°æÊÓƵ. On the other hand, registration of a program in the distance education format by ¿ìè³É°æÊÓƵ is required if 50% or more of the program’s credits are comprised of distance education courses. For example, a 33-credit hour master’s degree can offer up to 16 credits via distance education without triggering the requirement to register the program in the distance education format.

If an international student is instructed to leave the United States before completing their program, the institution should consider the specific circumstances and timing when determining whether serving that student via distance education would introduce concerns related to compliance with ¿ìè³É°æÊÓƵ’s distance education policy. Below are a few possible scenarios to assist institutions in this process.

Scenario 1: An international student must leave the United States, and they are enrolled in a program that is registered in both the standard and distance education formats. In this scenario, an institution could serve the student through distance education until they complete the program with no additional regulatory approvals from ¿ìè³É°æÊÓƵ.

Scenario 2: An international student must leave the United States partway through a semester in which they have taken all in-person courses. In this scenario, the institution could serve the student via distance education through the end of the semester with no additional regulatory approvals from ¿ìè³É°æÊÓƵ. Additionally, none of those courses that a student had attended in-person for part of the semester would count against the 50% threshold that requires registration of the program in the distance education format.

Scenario 3: An international student is delayed in arriving to the United States and begins the semester by engaging in distance education. This student completes the remaining portion of these courses in person after arriving in the United States partway through the semester. In this scenario, the institution could serve the student via distance education for a portion of the semester with no additional regulatory approvals from ¿ìè³É°æÊÓƵ. Additionally, none of those courses that a student attends in-person for part of the semester would count against the 50% threshold that requires registration of the program in the distance education format.

Scenario 4: An international student must leave the United States partway through a program. The student has already completed more than 50% of the program through in-person coursework. In this scenario, an institution could serve that student through distance education until they complete the program with no additional regulatory approvals from ¿ìè³É°æÊÓƵ.

Scenario 5: An international student must leave the United States partway through a program. The student has completed less than 50% of the program through in-person coursework. If an institution anticipates that a student (or multiple students) in this scenario would not be able to return to the United States in time to complete more than 50% of the program in person, it may consider registering the program in the distance education format in order to ensure compliance with ¿ìè³É°æÊÓƵ’s distance education policy. Information, resources, and application forms for registration of a program in the distance education format can be found on ¿ìè³É°æÊÓƵ’s program registration websiteÌý(/college-university-evaluation/program-registration).

Student Support

Institutions are reminded of the need to fully support students engaged in distance education, whether or not they are enrolled in a program registered in that format. This includes, but is not limited to:

• An institutional commitment to delivering high quality and effective distance education
• Ongoing evaluation of the effectiveness of distance education
• Sufficient technological resources to support distance education
• Faculty training and support in delivering distance education courses
• Sufficient and accessible academic support services for students engaged in distance education
• Equivalency of standards and requirements between distance education and in-person programs and courses
• Scheduling of courses that allows for a timely completion of requirements

Institutions are also reminded to check with their institutional and programmatic accreditors to determine any accreditation requirements related to distance education. Please don’t hesitate to reach out to us with questions about ¿ìè³É°æÊÓƵ’s distance education policy or to discuss scenarios not covered by this guidance. Inquiries can be sent to OCUEINFO@nysed.gov, except questions about professional licensure programs should be sent to OPPROGS@nysed.gov.

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