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.

Bipartisan Coalition Will Give Voice To A New Generation of College Students

Today’s Students Coalition pairs unconventional allies in support of policy changes that reflect the shifting demographics of higher education WASHINGTON, July 23, 2019 — Ten of the nation’s leading education advocacy groups today announced the formation of the Today’s Students Coalition, which will advocate for policies responsive to the needs of the most diverse generation of college…

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UPCEA Co-Signs Letter to Senate Supporting Legislation on Dreamers

UPCEA, along with American Council on Education and 42 other higher education associations wrote Senate leadership to urge legislation as soon as possible to provide permanent protection for “Dreamers,” young, undocumented, high-achieving individuals who contribute to our college and university system. Senators Graham and Durbin reintroduced the bipartisan Dream Act of 2019 (S.874), which was…

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Policy Matters | Public Comment on Regulations Due July 12

Major Updates The U.S. Department of Education has released Proposed Regulations for Public Comment.The regulations cover a wide range of topics including changes to accreditation, state authorization, student notifications, and other topics. If finalized before November, these changes would not go into effect until July 1, 2020. We encourage you to comment as an individual, from…

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