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: 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!

Access our Marketing Considerations Through the Lens of Regulations, Policies and Compliance: Primer and Insights

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.

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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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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