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.
Final Licensure and Certification Regulations Released; Online Student Location Determinations Updated | Policy Matters (October 2023)
Major Updates The Department of Education (ED) has released final rules on Ability to Benefit, Administrative Capability, Certification Procedures, and Financial Responsibility. These rules, part of negotiated rulemaking in early 2022, provide new requirements for programmatic accreditation, state licensure, and conforming with state laws when dealing with closure in the context of distance education. The…
Read MoreGainful Employment and Financial Value Transparency Final Regulations Released – Effective July 1, 2024 | Policy Matters (September 2023)
Major Updates New Gainful Employment and Financial Value Transparency Final Regulations Released – Effective July 1, 2024 The US Department of Education has released final Gainful Employment and “Financial Value Transparency” regulations. The Gainful Employment (GE) regulations include new and higher bars for career programs and connecting outcomes to programs offered by private for-profit…
Read MoreBiden Administration Issues Resources in Response to Race-Based Admissions Decision | Policy Matters (August 2023)
Major Updates Supreme Court Race-Based Admissions Updates + Webinar Recording Biden Administration Issues Guidance and Resources in Response to Race-Based Admissions Decision The Biden Administration released resources to assist institutions understand the Supreme Court’s recent decision on race-based admissions. These resources will help colleges and universities as they work to lawfully pursue efforts to achieve…
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