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.
Bill with Short-Term Job Training Pell Passes House; Excludes Online Programs | Policy Matters (February 2022)
Major Updates Bill with Short-Term Job Training Pell Passes House; Excludes Online Programs The COMPETES Act passed the House of Representatives in early February. An amendment to the bill establishes a new short-term job training Pell grant program. Unfortunately, this provision excluded any online-only programs. UPCEA has long advocated for short-term job training Pell programs,…
Read MoreDepartment Begins Regulatory Re-write on Accountability Rules for Institutions, Secretary Cardona Makes Speech on Top Priorities | Policy Matters (January 2022)
Major Updates Biden-Harris Administration Takes Actions including $198M in Grants to Support Students’ Basic Needs and Mitigate the Spread of COVID-19 at Colleges and Universities “The Department announced that it will be inviting applications next week for a $198 million grant opportunity under the Supplemental Support under American Rescue Plan (SSARP) program to support colleges…
Read MoreInfrastructure Bill Passes + Build Back Better Act Gets Blocked | Policy Matters (December 2021)
Major Updates Infrastructure Bill Passes + Build Back Better Act Gets Blocked President Biden signed the Infrastructure Bill into law in the middle of November, with bipartisan support. The bill contained significant investments in broadband infrastructure and affordability, and ways in which institutions of higher education may receive grants for research or execution of climate…
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