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.
Education Department Announces Substantial Rule-Making Session
The Department of Education has announced a negotiated rulemaking committee to prepare regulations for a wide-range of issues pertinent to UPCEA member institutions. The extremely wide range of topics to be discussed include, but is not limited to: State authorization Regular and substantive interaction Definition of “credit hour” Discussion of EQUIP-style programmatic delivery by third-party…
Read MoreED Announces Plan to End Gainful Employment Rule
The Department of Education through Secretary Betsy DeVos plans to end the regulations which required for-profit and vocational schools to provide “gainful employment” to the students that move through their programs. The regulation was one of the defining for-profit student consumer safeguards put into place by the Obama administration. The rules would cut off federal…
Read MoreDepartment of Education Seeks Input on State Authorization Rule Delay
As we notified you of a few weeks ago, the Department of Education is seeking to delay the implementation of regulations relating to State authorization that are to go into effect June 1 of this year. The main reasons for the delay were concerns around disclosure issues and student residence for distance education programs and…
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