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.
Department of Education Announces Formal Rulemaking Committee, Seeks Nominations
Following their request for input on a wide-ranging set of topics to be placed into a single negotiated rulemaking session, the Department has formally announced their intent to hold sessions in January, February, and March related to these issues. The department has decided to split this rulemaking session into one main committee regarding “Accreditation and…
Read MoreUPCEA Issues Comments on Proposed Negotiated Rulemaking September 2018
UPCEA recently commented on the vast undertaking of the rulemaking committee that was proposed by the Department of Education. We find that the proposed depth and breadth of the topics, and the amount of time provided to the committee, coupled with the complexity of those topics and the limited amount of seats at the table…
Read MoreLetter to Dept of ED on Gainful Employment
UPCEA, along with ACE and 20 other higher education groups sent comments to the Department of Education (ED) on the department’s proposal to rescind existing Gainful Employment regulations. We oppose the Department’s proposal to rescind, instead of revise, the existing gainful employment regulations, and do not believe that simply replacing them with additional disclosures on…
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