Thank you very much for the opportunity to provide feedback on the State Council of Higher Education for Virginia (SCHEV)'s proposed regulation regarding governing the certification of certain institutions to confer degrees, diplomas, and certificates. My name is Joshua LaRosa, MPP, and I am a resident of Virginia. I am very concerned with the direction these policies are headed for the many Virginia residents seeking innovative and high-quality education available via distance learning modalities in California.

As a consumer, I appreciate and recognize SCHEV’s intentions to provide consumer protections to Virginia residents by ensuring residents only attend institutions of higher education over which SCHEV maintains oversight. However, the proposed regulation to prevent students from attending higher education programs via distance learning modalities is far too restrictive and crosses the threshold from protection to paternalism. Adult students should be afforded the right and the opportunity to make decisions for themselves to attend college at a distance learning program based in California if, by their own estimation, the program meets their needs and aligns with their interests and values. It is not within any State’s own capacities to make such decisions for adult residents of right mind.

The most preferred course of action would be to rescind these regulations and continue permitting Virginia residents to attend institutions of higher education located in California via distance learning modalities. However, I understand these regulations are being advanced pursuant to a 2020 statute that requires promulgation of such flawed policies.

As a consolation, therefore, I recommend SCHEV permit students who were either already enrolled or admitted to an institution of higher education based on California via distance learning prior to the effective date of this regulation. In other words: If a student can demonstrate they were either attending or admitted to such an institution prior to July 1, 2022, then the student should be permitted to either continue or begin their studies. This would be more than fair considering these changes were not highly publicized or promoted by SCHEV, which stands to seriously derail the academic plans of Virginia residents.

Thank you very much for your consideration of my comments. It is my hope these are instructive to SCHEV and that the agency recognizes the need for flexibility and enforcement discretion for students already enrolled prior to the effective date of the regulation. Please feel free to contact me via email with any further questions.