Distance Education - Department of Education Compliance

Overview

Recent amendments to the Higher Education Act of 1965 include changes in regulations for State Authorization that may impact online, distance, and correspondence education providers. The relevant language includes:

If an institution is offering post-secondary education through distance or correspondence education to students in a State in which it is not physically located or in which it is otherwise subject to State jurisdiction as determined by the State, the institution must meet any State requirements for it to be legally offering post-secondary distance or correspondence education in that State. An institution must be able to document to the Secretary the State's approval upon request.
(Authority: 20 U.S.C. 1001 and 1002)

Pursuant to the provisions of the 2012 Edition of the U.S. Code, Title 20-Education, on request, LSCO will provide the stipulated documentation to the Secretary of the Department of Education regarding instruction offered to Distance Education students living outside of Texas. LSCO is a member of the State Authorization Reciprocity Agreement (NC-SARA). NC-SARA is a voluntary nationwide reciprocity agreement for the provision of distance education and is open to Lamar State College Orange as a consequence of the College’s accreditation by the Southern Association of Colleges and Schools Commission on Colleges, an accrediting agency recognized by the U.S. Secretary of Education. Additional information regarding NC-SARA can be accessed via the following link: https://nc-sara.org/sara-students

In compliance with the language passed in the Higher Education Opportunities Act of 2008, the U.S. Department of Education (USDOE) conducted a Negotiated Rule Making Process in 2010. Institutions offering distance education must provide enrolled and prospective students with contact information for filing complaints with its accrediting agency and with the appropriate state agency for handling complaints in the student's state.

To file a formal written complaint with the Southern Association of Colleges and Schools Commission on Colleges (SACSCOC), a complainant must submit two signed copies of the SACSCOC Complaint Form, sent via ground mail, to:

President
Southern Association of Colleges and Schools Commission on Colleges
1866 Southern Lane
Decatur, GA 30033-4097

The complaint form can be accessed via the following link: https://sacscoc.org/app/uploads/2020/01/ComplaintPolicy-1.pdf

Complaint Resolution Process

A student complaint may result from academic experiences or non-academic matters involving administrators, staff, or other students/student organizations. Regardless of the course modality and/or campus location of the issue, the protocol for handling complaints will be the same. 

All complainants should attempt an informal resolution by speaking with the appropriate parties involved. If the informal complaint is not resolved to the student’s satisfaction within five (5) business days of the incident, the student may decide to present their informal complaint as a formal complaint within the next five (5) business days. Except in the case of safety concerns (e.g., harassment/sexual misconduct/Title IX complaint), a student who has not successfully resolved an informal complaint should utilize the Student Complaints Intake Form. The Student Complaint Intake Form may also be found in the MyGator portal (student reporting forms).  The Student Complaint Process can be found in the LSCO catalog.

If the issue is unable to be resolved internally, a student may file a complaint with the Texas Higher Education Coordinating Board, the regulatory agency governing post-secondary education in Texas.

To file a formal written complaint with the Texas Higher Education Coordinating Board (THECB), a complainant must first exhaust all institutional options for resolving the complaint.

If after that the matter is unresolved, the complainant must follow the procedures outlined on the THECB’s Student Complaints website, accessible via the following link: https://www.highered.texas.gov/student-complaints/ 

Students Enrolled in Distance Education Courses

Complaints should be filed in the state where the student is receiving instruction, not in the state in which the student resides. For example, a student residing in Louisiana but taking courses in Texas should file his/her complaint with the state contact for Texas.

Complaints against a SARA participating institution must first go through the institution's own grievance procedures. All complaints regarding student grades or conduct violations are governed by the institution and the laws of the institution's home state. 

If a student is not satisfied with the outcome of the institutional grievance process, the student may appeal, within two years of the incident, to the SARA portal agency of the institution's home state.

For all complaints regarding Texas degree-granting postsecondary institutions participating in SARA, complete the Student Complaint and Release Form and email the form to Student.Complaints@highered.texas.gov

Next Steps