New Clarity on SARA Policy 5.2
What Institutions Need to Know About Expanded Responsibilities for Non-Title IV Programs
When we published our earlier post last July, “Are You Ready for the SARA Policy Changes?”, many institutions were still sorting out what the new State Authorization Reciprocity Agreement (SARA) Policy 5.2 requirements would mean in practice.
Since then, NC-SARA staff have provided important clarification — and it’s a big one.
Policy 5.2 Extends All Federal Requirements to All Offerings
On a recent WCET-SAN State Authorization Network Coordinator call, NC-SARA staff clarified that Policy 5.2 extends all federal Title IV licensure requirements to non-Title IV programs and courses. This means that anything being offered in other States under an institution’s SARA participation — including non-Title IV programs, non-credit courses, and offerings developed or delivered by third-party vendors — need to comply with all federal regulations for licensure programs.
In other words:
If a non-Title IV program, course, microcredential, apprenticeship, etc. is authorized under your institution’s SARA participation, Policy 5.2 extends all federal requirements — regardless of whether it’s credit-bearing, Title IV eligible, or offered through a third-party partner. The federal requirements include public disclosures (34 CFR § 668.43(a)(5)(v)), individual direct disclosures (34 CFR § 668.43(c)), and the enrollment limitations and written attestation exception (34 CFR § 668.14(b)(32)).
Each participating SARA jurisdiction has a State Portal Entity (SPE) responsible for enforcing all SARA policies. For institutions, it is critical to understand how your SPE interprets this and other SARA policies.
New Expectation: Compliance with 34 CFR § 668.43 and 34 CFR § 668.14
Under this clarification, institutions must ensure that the offering meets the educational requirements for licensure in the State where the prospective student is located at the time of initial enrollment into the licensure-related offering. The prospective student’s location is determined by the institution’s student location policy.
If a student is located in a State where the offering does not meet educational requirements for licensure, the student may still enroll — but only if a written attestation is obtained before enrollment.
What the Written Attestation Must Include
To comply, the written attestation must clearly state three key things:
Acknowledgment:
The student understands that the offering they are enrolling in does not meet the educational requirements for licensure where they are currently located.Intent to Seek Licensure Elsewhere:
The student intends to seek licensure and employment in one specific state or U.S. territory where the offering does meet the educational requirements.This must be one location only — multiple or “either/or” options are not acceptable.
Institutional Disclosure:
The institution has provided the student with information about where the program meets or does not meet educational requirements, which can be done by directing the student to your public disclosures on the institution’s website.
In addition, the institution must have a written attestation process to educate and clearly inform prospective students of licensure limitations and possibilities. Securing the written attestation through a fully automated process, without any interaction between the student and someone affiliated with the institution, would not be acceptable. A hard copy or email written attestation is acceptable, and either must be produced to the U.S. Department of Education if requested.
Institutions should consider how to incorporate attestation into the enrollment or admission process in a meaningful way, including conversations about licensure limitations and possibilities with a staff member, faculty, or advisor. This may be extra challenging with open admission processes common for non-Title IV offerings.
Why This Matters
This written attestation serves as an exception to the enrollment limitations under 34 CFR § 668.14 — that a student must be located in a State where the program “meets” educational requirements for licensure to enroll. Now, under SARA Policy 5.2, this limitation and exception extends beyond Title IV programs to any licensure-related offering.
An offering is licensure-related if it is designed or advertised to prepare students for a State-issued credential that is required for employment in that occupation or profession. The State-issued credential could be called a license, certification, registration, authorization, etc. Each State sets their own terminology. Continuing education offerings that are designed for licensed professionals to maintain a State-issued credential are not covered. Offerings designed to meet non-governmental certification requirements (such as Six Sigma, Project Management Professional, etc.) are also not included.
Institutions need to review all licensure-related offerings offered across state lines through SARA authorization, including:
Non-credit or workforce development offerings
Microcredentials
Third-party developed or delivered programs
Apprenticeships, in particular clinical placements or experiences across state lines
If something being offered is designed or advertised to prepare for licensure, and falls under your SARA participation, these requirements apply.
What Institutions Should Do Next
To stay compliant, institutions should:
Review all current and planned offerings (credit and non-credit) authorized under SARA.
Confirm which offerings meet licensure educational requirements in each state. This will require research into each state’s licensure requirements. The Bookmark can help! Several available license types relate to common non-Title IV offerings.
Develop a process for limiting enrollments in non-Title IV offerings, and securing and retaining written attestations where required.
Ensure disclosures — both public and individual direct — are accurate and consistent across all delivery formats.
Connect with your SPE to understand how they will assess compliance with Policy 5.2.
The Bottom Line
The clarification from NC-SARA staff significantly expands the scope of Policy 5.2 — and with it, the compliance responsibilities for participating institutions.
This change underscores the importance of state-by-state licensure research and cross-department coordination to ensure every offering — not just Title IV programs — meets the necessary requirements or follows the proper attestation process.
Need help researching licensure requirements or keeping your disclosures compliant?
The Bookmark by Higher Education Licensure Pros makes it simple. Our platform delivers verified, up-to-date licensure information for every U.S. state and territory—saving your team hours of research and reducing compliance risk.
And if your needs go beyond the platform, HELP offers customized consulting services to help you understand how these requirements impact your programs.
If you’re unsure how your program meets educational requirements across all states and territories, now’s the time to act. We’ll help you find clarity, stay compliant, and move forward with confidence. Learn more about our consulting services.
Get expert licensure updates delivered straight to your inbox—sign up for our email list today.