Section 5-A8301. APPLICABILITY

 

8301.1Any postsecondary educational institution seeking to provide online instruction to a District resident through an online presence shall be deemed to be operating in the District, as defined in this chapter, whether or not the institution has a physical presence in the District.

 

8301.2Prior to providing online instruction to a District resident, advertising online instruction to a District resident, or enrolling a District resident as a student for online instruction, an institution shall either be:

 

(a) Licensed by the Commission in accordance with this chapter; or

 

(b) Authorized to operate in the District in accordance with this chapter.

 

8301.3This chapter is not limited to institutions that solely provide online instruction.

 

8301.4A new applicant for licensure that has a physical presence and is seeking to provide online instruction shall submit to the Commission, either:

 

(a) An Application for Provisional Licensure that meets the requirements of Chapter 80 of Subtitle A of Title 5 of the D.C. Municipal Regulations and the Standards for Online Instruction in Section 8302 of this chapter; or

(b) An Application for Initial Licensure that meets the requirements of Chapter 81 of Subtitle A of Title 5 of the D.C. Municipal Regulations and the Standards for Online Instruction in Section 8302 of this chapter.

8301.5A new applicant for licensure that does not have a physical presence and is seeking to provide online instruction shall submit to the Commission, either:

 

(a) An Application for Provisional Licensure that meets the requirements of Chapter 80 of Subtitle A of Title 5 of the D.C. Municipal Regulations and the Standards for Online Instruction in Section 8302 of this chapter; or

(b) An Application for Initial Licensure that meets the requirements of Chapter 81 of Subtitle A of Title 5 of the D.C. Municipal Regulations and the Standards for Online Instruction in Section 8302 of this chapter.

8301.6A current licensee seeking to expand its existing program of instruction to include online instruction shall submit to the Commission, either:

 

(a) An Application for License Amendment that meets the requirements of Section 8010 of Chapter 80 of Subtitle A of Title 5 of the D.C. Municipal Regulations and the Standards for Online Instruction in Section 8302 of this chapter; or

 

(b) An Application for License Amendment that meets the requirements of Section 8123 of Chapter 81 of Subtitle A of Title 5 of the D.C. Municipal Regulations and the Standards for Online Instruction in Section 8302 of this chapter, as applicable.

 

8301.7A congressionally chartered postsecondary educational institution whose home state is the District of Columbia and that is seeking to expand its existing program of instruction to include online instruction shall execute a memorandum of understanding with the Commission to facilitate institutional participation in State Authorization Reciprocity Agreement.

 

 

authority

Education Licensure Commission Act of 1976 (the Act), effective April 6, 1977 (D.C. Law 1-104; D.C. Official Code § 38-1306(b)(3), 38-1309, and 38-1311 (2012 Repl. & 2016 Supp.)), and Mayor’s Order 89-120, dated May 31, 1989; and the State Superintendent of Education, pursuant to Section (3)(b)(6) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code § 38-2602(b)(6) (2012 Repl. & 2016 Supp.)).

source

Final Rulemaking at 63 DCR 10207 (August 5, 2016).