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.
Neg Reg on State Authorization, Distance Ed, Accreditation and Other Topics Fails to Reach Consensus, ED to Write Significant Changes | Policy Matters (March 2024)
Major Updates Negotiated Rulemaking Does Not Reach Consensus on Distance Education, State Authorization, Accreditation, and Other Topics The recent session of negotiated rulemaking at the Department of Education on Program Integrity and Institutional Quality concluded without reaching a consensus on several pivotal Issue Papers. The discussions were marred by considerable disagreement on key topics such…
Read MoreState Authorization and Distance Education Negotiated Rulemaking Continues | Policy Matters (February 2024)
Major Updates Negotiated Rulemaking on State Authorization, Distance Education, Accreditation and Other Topics Continues In early February a session was held in continuation of the US Department of Education’s crucial Negotiated Rulemaking on Program Integrity and Institutional Quality, with the second of three sessions running from February 5-8, and the third and final session scheduled…
Read MoreDistance Education and State Authorization Negotiated Rulemaking Begins | Policy Matters (January 2024)
Major Updates Negotiated Rulemaking Session on Program Integrity and Institutional Quality Begins The U.S. Department of Education has started a Negotiated Rulemaking Session focused on Program Integrity and Institutional Quality. The first session took place January 8–11. The second session will occur from February 5–8, and the final session is scheduled for March 4–7. These…
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