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.

Policy Matters | Trump Administration Releases FY 2021 Budget Proposal; Education Funds Request Reduced (February 2020)

Welcome to the February edition of Policy Matters. Each issue has the latest updates and actionable items in public policy for adult and nontraditional education stakeholders. Major Update Trump Administration Releases FY 2021 Budget Proposal; Education Funds Request Reduced Earlier this month, the Trump Administration released its FY2021 budget proposal request. The efforts specifically relating to education…

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Policy Matters | House Votes to Overturn Department of Education’s Borrower Defense to Repayment Rule (January 2020)

Welcome to the January edition of Policy Matters. Each issue has the latest updates and actionable items in public policy for adult and nontraditional education stakeholders. Major Update House Votes to Overturn Department of Education’s Borrower Defense to Repayment Rule Legislators voted to approve a Congressional Review Act resolution to block the recent Department of Education…

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Policy Matters | House and Senate Pass FUTURE Act, Restoring Funding to HBCUs and Minority Institutions and Simplifying FAFSA (December 2019)

Welcome to the December edition of Policy Matters. Each issue has the latest updates and actionable items in public policy for adult and nontraditional education stakeholders. Please note that if you do not wish to continue to receive these sorts of emails, click here. Major Update House and Senate Pass FUTURE Act, Restoring Funding to HBCUs and…

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