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 Asks Congress for Additional Funding, Online Student Support, Waiver Authority
Today UPCEA has sent a letter to Capitol Hill congressional leadership regarding the need for additional funding, waiver authority, and online student support in future funding calculations. Once on the periphery of institutions of higher education, today our members are front and center as all postsecondary learning has rapidly shifted to a remote format. Over…
Read MoreSpecial Edition Policy Matters | Major Covid-19 Stimulus Bill Passed + ED Releases Substantial Draft Regulations on Distance Ed, CBE, Credit Hour + More (April 2020)
Major Updates Major Coronavirus Relief Bill (CARES Act) Passes | Provides Financial Aid Relief, $30B+ Stabilization Fund for Education After temporarily stalled negotiations, Congress has passed a $2.2 trillion stimulus package in response to the Covid-19 crisis, the CARES Act, the largest package of its kind ever passed into law. Higher education advocates, including UPCEA,…
Read MorePolicy Matters | US Dept of Education Issues Guidance for Higher Education + Congressional Action on COVID-19; UPCEA Advocacy and Resources (March 2020)
Much congressional action has been taken since the COVID-19 crisis began. A bill that provides tax relief for businesses to support paid sick leave and free coronavirus testing; one authorizing $8.3 billion to help government agencies respond to the virus; and a bill protecting GI Bill housing benefits for online veteran students, are all now…
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