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!
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.
Significant Changes on Distance Education Regulations Considered as Negotiated Rulemaking Committee Concludes | Policy Matters (March 2022)
Major Updates Significant Changes on Distance Education Regulations Considered as Negotiated Rulemaking Committee Concludes | Consensus on Only Two of Seven Issue Papers Reached The Institutional and Programmatic Eligibility Committee’s final session at the US Department of Education concluded this month, resulting in consensus on language around two issues: Ability To Benefit, and the 90/10…
Read MoreBill 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…
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