Policy Matters: Primers and Insights

Helping you navigate policy frameworks critical to higher education in the United States

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: Primer and Insights

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: Primer and Insights

Digital Accessibility Requirements for Online Learning

How Disability Anti-Discrimination Laws Impact Online Courses and Programs

Across UPCEA’s membership and higher education more broadly, every individual plays an important role in fostering inclusive environments. As we increasingly rely on digital technologies to enhance learning and streamline operations, it becomes imperative to ensure that our websites, software, and course content are accessible to all, regardless of ability. This resource details digital accessibility requirements primarily from a legal perspective. However, it is ultimately intended to serve as a more foundational resource to help those working in a wide range of roles to both support risk mitigation efforts and implement appropriate measures to create a more inclusive online learning landscape.

Access our Digital Accessibility Requirements for Online Learning: Primer and Insights

Marketing Considerations Through the Lens of Regulations, Policies and Compliance

Introductions and Strategies to Navigating Federal Regulations for Marketing in Online and Professional Higher Education

This guide provides an introduction to regulations that can impact marketing in online and professional education. It provides key insights on compliance essentials, as well as highlights the risks of noncompliance and strategies for navigating these laws and regulations. Whether you want to assess or refine existing campaigns or launching new initiatives, this resource is designed to help ensure your marketing practices are transparent, effective, and aligned with regulatory requirements. Explore it now to boost your compliance and marketing success!

Access our Marketing Considerations Through the Lens of Regulations, Policies and Compliance: Primer and Insights

International Policy Matters to International Program Success

Considerations for International Programming in Online and Professional Higher Education

This resource provides a broad overview of some of the most critical policies that affect international PCO programming. More importantly, it provides UPCEA members with the key questions to ask about a potential international PCO program in order to adequately measure the policy risk involved. Knowing what questions to ask during the project planning and vetting stage will help surface risks that can help UPCEA members judge the merits of a given international education project, and, if they proceed, avoid delays and challenges during implementation. This resource will not address the policies related to international student mobility given existing resources available from organizations like NAFSA and the large scale of the topic.

Access our International Policy Matters to International Program Success: Primer and Insights

Policy Matters: Newsletter

As a compliment to our Policy Matters: Primers 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.

Federal Funding Pause Blocked by U.S. District Judge, Memo Rescinded | Policy Matters (January 2025)

At 11th hour, judge blocks Trump’s pause on federal funding (Higher Ed Dive) “UPDATE: Jan. 28, 2025: A U.S. District judge halted the government’s temporary freeze on federal funding just minutes before it was set to take effect at 5 p.m. Tuesday, according to news reports. U.S. District Judge Loren AliKhan in Washington, D.C., blocked the…

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U.S. Department of Education Reveals New Distance Education and Program Integrity Rules: Final Outcomes and Responses to Concerns Raised by UPCEA

The Department of Education recently published new distance education and program integrity rules that address a number of topics raised during negotiated rulemaking sessions held in early 2024. Many of the proposals shared in the Department’s July 24, 2024, Notice of Proposed Rulemaking (NPRM) have been rescinded. Of those that remain, most are scheduled to…

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Proposed Distance Education Rules Are Now Likely To Be Finalized Before the End of the Current Presidential Term | Policy Matters (December 2024)

Proposed Distance Education Rules Are Now Likely To Be Finalized Before the End of the Current Presidential Term On December 30, the U.S. Department of Education (Department) shared the final, unofficial version of its new program integrity and distance education regulations, which call for the collection of new but yet-to-be-established distance education and correspondence course enrollment data…

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