Policy Matters: Primers and Insights

Helping you navigate policy frameworks critical to higher education in the United States

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 Letters to Congress on COVID-19 Supports for Students and Institutions

UPCEA joined with ACE and dozens of other organizations to write congressional leadership to outline the ways in which we believe the federal government can assist students, educators and institutions in recovering from the impact of COVID-19. Colleges and universities are uniquely vulnerable to the impact of the COVID-19 pandemic, as our educational and research…

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UPCEA Urges Passage of Online Veteran Student Support Bill in Response to COVID-19

UPCEA, along with ACE, and almost 50 other organizations wrote a letter to Speaker Nancy Pelosi and Minority Leader Kevin McCarthy asking the House to approve a bill ensuring veterans continue to receive their GI bill benefits when campuses move courses online due to COVID-19. S. 3503 would grant the Secretary of the Department of…

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UPCEA + 50 Organizations Pen Letter Asking for Student Support during COVID-19 Crisis

UPCEA joined with Higher Learning Advocates with a total of 51 organizations to write to congressional leadership to help support students’ needs. As new cases of COVID-19 exposure and infection arise every day, many of the nation’s institutions of higher education are suspending or moving classes online to do what’s best for the public health…

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