On August 22, 2011, ED issued guidance in an electronic announcement to clarify the documentation requirements of the one-year extension that schools must retain to be considered legally authorized by a state. Schools offering distance education through online learning or correspondence study are especially encouraged to review this guidance.

To receive an extension of the effective date to July 1, 2012, a school must obtain from the state a written explanation of how the one-year extension will permit the state to modify its procedures so that the school is able to comply with federal regulation §600.9. The written explanation may apply to multiple schools within that state or be specific to the school requesting a one-year extension. If the school subsequently needs an additional one-year extension to July 1, 2013, the school must obtain from the state a further written explanation of how this additional one-year extension will permit the state to modify its procedures so that the school can comply with the regulations. A delay in a school obtaining any necessary authorizations or approvals due to an increase in a state’s workload associated with the new regulatory requirements would be an example of an acceptable basis for a one-year extension.

It is important to note that schools should not submit requests for extension or documentation of the one-year extensions to ED. Rather, schools should maintain documentation demonstrating that the school qualifies for each extension and be able to produce the state’s written explanation for each extension upon request. ED may request this information when a school is seeking certification or recertification, or if a question arises due to a complaint, program review, or audit.

To view the electronic announcement, click here.