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.
Letter to Congressman Denham for Permanent DACA Fix Bill
UPCEA joined with ACE and 32 other organizations to thank Rep. Jeff Denham (R-CA) and other representatives who supported H.Res. 774, thanking them for taking action to provide a permanent solution for Deferred Action on Childhood Arrivals (DACA) recipients. The resolution uses a House rule known as “Queen of the Hill” to hold votes on four different…
Read MoreDepartment of Education Releases 2018 Condition of Education Report
The US Department of Education has released its yearly dataset The Condition of Education 2018. The report covers all levels of education measured through key indicators, including not only higher education, but K-12 as well. The congressionally mandated report is provided to Congress to each year to inform policy making to show trends and the…
Read MoreUS Department of Education Delays Distance Education Regulations
On December 19th, 2016 the Department published regulations relating to the State authorization of distance education providers. These regulations originally were to go into effect July 1 of this year, but has been suggested to be delayed for two years until 2020. The Department has signaled that it intends to commence negotiated rulemaking on these…
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