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.
UPCEA Signs Letter to Hill on Broadband Access and Infrastructure
Twenty-nine (29) higher education associations and organizations, including UPCEA, joined EDUCAUSE on June 5, 2020, in sending a letter to Congress on significant broadband issues for higher education. The groups asked Congress to consider the needs of economically distressed college students in relation to efforts to bridge the digital divide during COVID-19 pandemic, specifically citing the Supporting Connectivity…
Read MorePolicy Matters | Department of Education Extends Distance Education Approval to December (May 2020)
Department of Education Extends Distance Education Approval to December In an updated guidance letter, the Department of Education has extended flexibility, originally provided in early March, for broad approval of the creation of distance education programs beginning between March 5 and December 31, 2020 due to interruptions of study related to COVID-19. It has also extended…
Read MoreUPCEA Issues Public Comments to Department of ED on Regular + Substantive, Distance Education Regulations
Today, UPCEA has submitted comments to the US Department of Education in response to their Notice of Public Rulemaking (NPRM) issued on April 2, 2020, which closes on May 4, 2020. These regulations were informed by the 2018-2019 negotiated rulemaking committee. We wrote regarding clarification and suggested edits for how the NPRM amends key definitions…
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