As institutions of higher education continue to innovate with online courses and professional continuing education programs, having a general understanding of the regulatory landscape that such initiatives are subject to is critical to their long-term success. These resources provide an introduction to foundational topics in federal legislation and regulations impacting online and professional continuing education for universities and colleges.
Introduction to the Online Learning Regulatory Landscape
How the “Regulatory Triad” Applies to Online and Interstate Learning Experiences.
As institutions of higher education continue to innovate with online courses and programs, having a general understanding of the regulatory landscape that such initiatives are subject to is critical to their long-term success. The geographic reach of these programs (e.g., whether offered only in the institution’s home state, nationally, or internationally) can introduce new jurisdictions beyond what the institution may have explored for any in-person program. Moreover, online programs can be subject to a variety of additional definitions, regulations, and expectations from enforcement agencies and accreditors that are unique to the instructional modality regardless of where such programs are being offered.
This resource provides an introduction to foundational topics for online education regulatory compliance in the United States.
Access our Introduction to the Online Learning Regulatory Landscape: Brief and Primer
An Introduction to Negotiated Rulemaking for Higher Education
How stakeholders come together with the federal government to influence, and provide expertise on, the implementation and execution of regulations.
Negotiated Rulemaking (Neg Reg) is a process used by the U.S. Department of Education to develop federal regulations for implementing the Higher Education Act (HEA), a law that governs federal higher education programs, including federal financial aid. This process is particularly important for regulations under Title IV (federal financial aid) and teacher quality enhancement. Unlike other federal agencies, the Department of Education frequently uses Neg Reg, though the Education Secretary can waive this requirement in certain situations. This process is crucial for higher education institutions, as it regularly creates regulations that impact their operations. Non-compliance with these regulations can lead to penalties like fees, reimbursement of student tuition, or ineligibility for Title IV funds.
Access our Introduction to Negotiated Rulemaking for Higher Education: Brief and Primer
Policy Matters: Newsletter
As a compliment to our Policy Matters: Briefs and Insights, you can also keep up to date on the latest through our monthly Policy Matters Newsletter.
Below you can find the latest versions of the newsletter. You can also find a full archive of the Newsletter found here.
ED Sends Distance Ed, R2T4, TRIO Rules for Final Administrative Review | Policy Matters (June 2024)
Major Updates ED Sends Distance Ed, R2T4, TRIO Rules to OIRA for Final Review Before Release and Public Comment The US Department of Education has advanced a set of proposed regulations to the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) for review. This submission marks the final procedural step before…
Read MoreAdvocating for FAFSA Fixes and State Authorization Reciprocity | Policy Matters (May 2024)
Major Updates UPCEA Co-Signs Request to Congress on FAFSA Fix Proposal In a letter led by the American Council on Education (ACE), UPCEA joined with other organizations to seek legislation for crucial adjustments to the FAFSA process to enhance its efficiency and fairness. Key proposals include ensuring institutions are not held liable for discrepancies in…
Read MoreTake Action on Proposed State Authorization Reciprocity Regulations | Policy Matters (April 2024)
Major Updates Urgent: Take Action on Proposed State Authorization Reciprocity Regulations The Department of Education is set to introduce new regulations that could significantly alter state authorization reciprocity agreements, critically affecting online education and our students’ futures. Following the lack of consensus in recent negotiated rulemaking sessions, the forthcoming rules are expected to impose…
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