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 | Increasing Partisan Divide in Views on Education (August 2019)

Welcome to the third installment in our monthly public policy primer, Policy Matters. Each issue has the latest updates and actionable items in public policy for adult and nontraditional education stakeholders. We’ve set up a form if you’re interested in learning more, and for continued updates from Policy Matters. Please note that you must sign up with this…

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Policy Matters | California-based Distance Ed Students from Out-Of-State Schools Ineligible for Financial Aid

Major Updates State Authorization Rule Goes into Effect, Causing Thousands of California-based Distance Ed Students from Out-Of-State Schools to be Ineligible for Financial Aid. The US Dept. of Ed released a formal response regarding a recent court ruling which blocked their ability to change an Obama-era rule on state authorization, thus making that rule effective May…

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UPCEA Supports Closing the College Hunger Gap Act in Letter to Congress

UPCEA, along with Higher Learning Advocates, and 17 other organizations, signed a letter supporting the ​Closing the College Hunger Gap Act of 2019​. This legislation would provide college students who may be eligible for Supplemental Nutrition Assistance Program (SNAP) with eligibility and application information and would require the Department of Education to collect data on…

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